Georgia Republicans Pass Bill Punishing Union-Friendly Employers

If it survives legal challenges, the legislation would bar companies from receiving state subsidies after voluntarily recognizing their workers’ union.

GOP lawmakers in Georgia passed a bill Wednesday to punish employers that make it easier for workers to form unions, sending the legislation to Republican Gov. Brian Kemp for his signature.

Senate Bill 362 would bar companies from receiving state economic incentives if they voluntarily recognize a union instead of requiring employees to vote in a secret-ballot election. It is aimed at discouraging a process known as “card check,” whereby workers can unionize simply by showing that there’s majority support in the form of signed union cards.

The legislation passed the state Senate last month by a vote of 31-23. It cleared the House on Wednesday 96-78. Both votes fell mostly along party lines.

Although Kemp has indicated that he backs the legislation, it is likely to face legal challenges on the grounds that it conflicts with federal labor law. Long-standing interpretation of the National Labor Relations Act, the 1935 law governing private sector collective bargaining, allows for employers to recognize a union and immediately start bargaining when employees have made their wishes clear.

Unions much prefer to win voluntary recognition than go through an election process that can be rife with intimidation and abuse. During the campaign period, workers often get corralled into employers’ propagandistic captive-audience meetings, while union leaders end up singled out for retaliation and even firings. The process can also lead to long delays and litigation.