HB 1373 - Strikes; prohibitions; additional public employees

First Reader Summary

A BILL to amend Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices, so as to change the prohibitions against strikes by state employees so as to apply to additional public employees; and for other purposes.

Irvin, Robert A (45th) Ashe, Kathy B (46th) Ehrhart, Earl (36th)
Everett, Doug (163rd) Lane, Robert (146th) Shaw, Jay (176th)
Status Summary HC: IndR SC: SLGO LA: 04/20/98 Signed by Governor
Page Numbers - 1/ 2/ 3
Code Sections - 45-19-1/ 45-19-2/ 45-19-3/ 45-19-4/ 45-19-5
House Action Senate
1/27/98 Read 1st Time 2/20/98
1/28/98 Read 2nd Time 3/12/98
2/11/98 Favorably Reported 3/10/98
Am Committee Amend/Sub
2/19/98 Read 3rd Time 3/16/98
2/19/98 Passed/Adopted 3/16/98
CAFA Comm/Floor Amend/Sub FA
3/19/98 Amend/Sub Agreed To
4/3/98 Sent to Governor
4/20/98 Signed by Governor
914 Act/Veto Number
7/1/98 Effective Date

HB 1373                                            HB 1373/AP 
 
      H. B. No. 1373 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Irvin of the 45th, Ashe of the 46th, 
      Ehrhart of the 36th, Everett of the 163rd, Lane of the 146th 
      and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 19 of Title 45 of the Official Code of 
  1- 2  Georgia Annotated, relating to labor practices, so as to 
  1- 3  change the prohibitions against strikes by state employees 
  1- 4  so as to apply to additional public employees; to repeal 
  1- 5  conflicting laws; and for other purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Chapter 19 of Title 45 of the Official Code of Georgia 
  1- 9  Annotated, relating to labor practices, is amended by 
  1-10  striking Article 1, relating to strikes by state employees, 
  1-11  and inserting in its place the following: 
 
 
 
  1-12    45-19-1. 
 
  1-13    As used in this article, the term: 
 
  1-14      (1) 'Public employee' means any person holding a 
  1-15      position by appointment or employment in the government 
  1-16      of this state or any person holding a position which 
  1-17      provides essential public services without which the 
  1-18      public health, safety, welfare, or morals would be 
  1-19      endangered, by appointment or employment in the 
  1-20      government of a county, municipality, school system, or 
  1-21      other political subdivision of this state or in any 
  1-22      agency, authority, board, commission, or public 
  1-23      institution of this state or political subdivision 
  1-24      thereof. 
 
  1-25      (2) 'Public employment' means the appointment or 
  1-26      employment in the government of this state or the 
  1-27      government of a county, municipality, school system, or 
  1-28      other political subdivision of this state or in any 
  1-29      agency, authority, board, commission, or public 
  1-30      institution of this state or political subdivision 
  1-31      thereof. 
 
 
 
                                 -1- 
 
 
 
  2- 1      (3) The term 'strike,' as used in this article, 'Strike' 
  2- 2      means the failure to report for duty, the willful 
  2- 3      absence from one's position, the stoppage or deliberate 
  2- 4      slowing down of work, or the withholding in whole or in 
  2- 5      part of the full, faithful, and proper performance of 
  2- 6      the duties of employment for the purpose of inducing, 
  2- 7      influencing, or coercing a change in the conditions, 
  2- 8      compensation, rights, privileges, or obligations of 
  2- 9      state public employment; provided, however, that nothing 
  2-10      in this article shall limit or impair the right of any 
  2-11      state public employee to express or communicate a 
  2-12      complaint or opinion on any matter related to the 
  2-13      conditions of state public employment so long as the 
  2-14      same is not designed to and does not interfere with the 
  2-15      full, faithful, and proper performance of the duties of 
  2-16      employment. 
 
  2-17    45-19-2. 
 
  2-18    No person holding a position by appointment or employment 
  2-19    in the government of the state or in any agency, 
  2-20    authority, board, commission, or public institution 
  2-21    thereof public employee shall promote, encourage, or 
  2-22    participate in any strike. Provided, however, that no 
  2-23    right to collective bargaining currently recognized by law 
  2-24    is abridged by this act. 
 
  2-25    45-19-3. 
 
  2-26    No person exercising any authority, supervision, or 
  2-27    direction over any state public employee shall have the 
  2-28    power to authorize, approve, or consent to a strike by one 
  2-29    or more state public employees; and such person shall not 
  2-30    authorize, approve, or consent to such a strike. 
 
  2-31    45-19-4. 
 
  2-32    Any state public employee who violates Code Section 
  2-33    45-19-2 shall be deemed to have terminated his or her 
  2-34    employment; shall forfeit his or her civil service status, 
  2-35    job rights, seniority, and emoluments, if any; and 
  2-36    subsequent to such violation shall not be eligible for 
  2-37    appointment or reappointment or employment or reemployment 
  2-38    by the state or any agency, authority, board, commission, 
  2-39    or public institution thereof or in any other branch of 
  2-40    the state service in public employment for a period of 
  2-41    three years after such violation except upon the following 
  2-42    conditions: 
 
 
 
                                 -2- 
 
 
 
  3- 1      (1) His or her direct or indirect compensation shall in 
  3- 2      no event exceed that received by him or her immediately 
  3- 3      prior to the time of such violation; 
 
  3- 4      (2) His or her direct or indirect compensation shall not 
  3- 5      be increased for three years after such subsequent 
  3- 6      appointment or reappointment or employment or 
  3- 7      reemployment; and 
 
  3- 8      (3) He or she shall be on probation for a period of five 
  3- 9      years following such appointment or reappointment or 
  3-10      employment or reemployment, during which period he or 
  3-11      she shall serve without tenure and at the pleasure of 
  3-12      the appointing or employing officer or body. 
 
  3-13    45-19-5. 
 
  3-14    Any person who is not a state public employee and who 
  3-15    shall knowingly incite, agitate, influence, coerce, 
  3-16    persuade, or picket to urge a state public employee to 
  3-17    strike shall be guilty of a misdemeanor and, upon 
  3-18    conviction thereof, shall be punished by imprisonment not 
  3-19    to exceed one year, or by a fine of not less than $100.00 
  3-20    nor more than $1,000.00, or both." 
 
  3-21                           SECTION 2. 
 
  3-22  All laws and parts of laws in conflict with this Act are 
  3-23  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 06/24/98

S>