State Rep. Will Wade
ATLANTA – Controversial legislation prohibiting businesses seeking state economic development incentives from voluntarily recognizing unions if a secret-ballot election option is available gained final passage in the General Assembly Wednesday.
The state House of Representatives’ Republican majority passed Senate Bill 362 96-78, voting along party lines, sending it to Gov. Brian Kemp for his signature. The Senate passed the measure last month, also in a largely party-line vote.
Kemp asked lawmakers to enact the bill this year as part of his agenda for the 2024 legislative session.
On Wednesday, the governor’s House allies argued the legislation will protect workers’ right to privacy. Among other things, it forbids companies from disclosing their workers’ contact information to union organizers without written permission.
“It will make sure employees’ privacy is protected,” said Rep. Will Wade, R-Dawsonville, Kemp’s floor leader in the House.
But House Democrats charged the bill is an anti-union measure in that it prohibits businesses from voluntarily recognizing unions.
“I, as a small business owner, should have the final decision in how I handle labor,” said Rep. Long Tran, D-Dunwoody, who owns a coffee shop.
Other Democrats said punishing companies that wish to voluntarily recognize a union by denying them economic development incentives would discourage skilled out-of-state workers from moving to Georgia and helping to plug a serious workforce shortage.
“Why are we passing legislation that will make it harder for companies to fill the jobs they bring to Georgia?” asked Rep. Saira Draper, D-Atlanta.
Rep. Bill Werkheiser, R-Glennville, chairman of the House Industry and Labor Committee, said “card check” union elections are already illegal in Georgia under legislation the General Assembly enacted in 2013.
But House Minority Whip Sam Park, D-Lawrenceville, said the state was sued over the 2013 bill and lost.
He and other Democrats warned passage of this year’s bill will lead to a flurry of lawsuits challenging its constitutionality under the 1935 National Labor Relations Act.
However, Rep. Soo Hong, R-Lawrenceville, another House floor leader for the governor, said similar legislation has been taken to court in another state and been upheld.
“There is no preemption issue in this bill,” she said.