---
title: O.C.G.A. § 34-6-21. Membership in or resignation from labor organization as condition of employment or continuation of employment; application of federal law.
collection: code
id: 34-6-21
cite_as: O.C.G.A. § 34-6-21 (2025)
canonical_url: https://georgiacommons.org/code/34-6-21
md_url: https://georgiacommons.org/code/34-6-21.md
text_url: https://georgiacommons.org/code/34-6-21/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t34-(v26)-2017-pdf.pdf?sfvrsn=ba91129b_0#page=61
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: LABOR AND INDUSTRIAL RELATIONS / LABOR ORGANIZATIONS AND LABOR RELATIONS / MEMBERSHIP IN LABOR ORGANIZATIONS
---

# O.C.G.A. § 34-6-21. Membership in or resignation from labor organization as condition of employment or continuation of employment; application of federal law.

(a) No individual shall be required as a condition of employment or continuance of employment to be or remain a member or an affiliate of a labor organization or to resign from or to refrain from membership in or affiliation with a labor organization.

(b) No governmental body may pass any law, ordinance, or regulation or impose any contractual, zoning, permitting, licensing, or other condition that requires any employer or employee to waive statutory rights under federal labor laws.

(c) No governmental body may pass any law, ordinance, or regulation that would require, in whole or in part, an employer or multiple employer association to accept or otherwise agree to any provisions that are mandatory or nonmandatory subjects of collective bargaining under federal labor laws, including, but not limited to, any limitations on an employer’s or multiple employer association’s right to engage in collective bargaining with a labor organization, to lock out employees, or to operate during a work stoppage; provided, however, that the foregoing shall not invalidate or otherwise restrict the application of federal labor laws.

(d) No employer or labor organization shall be forced to enter into any agreement, contract, understanding, or practice, written or oral, implied or expressed, that subverts the established process by which employees may make informed and free decisions regarding representation and collective bargaining rights provided for by federal labor laws.

## History

Ga. L. 1947, p. 616, § 2; Ga. L. 2013, p. 623, § 3/HB 361.

## Editor's Notes

Ga. L. 2013, p. 623, § 6/HB 361, not codified by the General Assembly, provides for severability.

## Law Reviews

For article discussing right of Georgia public employees to organize into labor unions, bargain collectively, and engage in concerted activity, see 4 Ga. L. Rev. 110 (1969). For article suggesting that Georgia’s prohibition against closed shops may be an incentive for establishment of non-Georgia business enterprises in the state, see 27 Mercer L. Rev. 629 (1976). For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 191 (2013).

For note advocating reassessment of state authority towards injunctions in labor disputes, see 18 Mercer L. Rev. 461 (1967).