Definitions; Right to Express Complaints or Opinions Not Impaired

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Labor Practices
  5. Strikes by Public Employees
  6. Definitions; Right to Express Complaints or Opinions Not Impaired

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As used in this article, the term:

  1. "Public employee" means any person holding a position by appointment or employment in the government of this state or any person holding a position which provides essential public services without which the public health, safety, welfare, or morals would be endangered, by appointment or employment in the government of a county, municipality, school system, or other political subdivision of this state or in any agency, authority, board, commission, or public institution of this state or political subdivision thereof.
  2. "Public employment" means the appointment or employment in the government of this state or the government of a county, municipality, school system, or other political subdivision of this state or in any agency, authority, board, commission, or public institution of this state or political subdivision thereof.
  3. "Strike" means the failure to report for duty, the willful absence from one's position, the stoppage or deliberate slowing down of work, or the withholding in whole or in part of the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of public employment; provided, however, that nothing in this article shall limit or impair the right of any public employee to express or communicate a complaint or opinion on any matter related to the conditions of public employment so long as the same is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment.

(Ga. L. 1962, p. 459, § 2; Ga. L. 1990, p. 8, § 45; Ga. L. 1998, p. 1155, § 1.)

Law reviews.

- For review of 1998 legislation relating to public officers and employees, see 15 Ga. St. U.L. Rev. 201 (1998).

JUDICIAL DECISIONS

Slowdowns in writing tickets prohibited.

- Police officers were properly disciplined for violating county policy and O.C.G.A. §§ 45-19-1 and45-19-2 by promoting a ticket slow-down program that encouraged other officers to write fewer tickets, allegedly to cause financial problems for the county, as the slow-down program constituted a strike under § 45-19-1(3). Douglas v. Dekalb County, 308 Fed. Appx. 396 (11th Cir. 2009)(Unpublished).

Cited in Local 189 Int'l Union of Police Ass'ns v. Barrett, 524 F. Supp. 760 (N.D. Ga. 1981).

OPINIONS OF THE ATTORNEY GENERAL

Right to express complaints and opinions.

- A state employee has the right, either singularly or collectively, to express or communicate complaints or opinions relating to state employment, including freedom to enter into organizations created for like purposes; the only limitation upon such activities of the state employees would prevent their striking, or otherwise interfering with proper performance of the duties of state employment, or obstructing access to or egress from state property. 1969 Op. Att'y Gen. No. 69-379.

Right to join labor union.

- Although the Fulton County Board of Family and Children Services lacks authority to enter into a collective bargaining agreement with a union, there is no prohibition against the board's having discussions with employees or their representatives on appropriate subjects; while state employees are prohibited from striking, they have the right to express complaints or opinions relating to the conditions of their employment; this would appear to include the right to join a labor union. 1973 Op. Att'y Gen. No. 73-56.

Activities not amounting to strike.

- The Department of Transportation has no power to take steps to prevent any labor activity short of strikes and other obstructions to the performance of the duties of employment. 1969 Op. Att'y Gen. No. 69-379.

RESEARCH REFERENCES

Am. Jur. 2d.

- 48 Am. Jur. 2d, Labor and Labor Relations, §§ 310, 409. 48A Am. Jur. 2d, Labor and Labor Relations, § 1322 et seq.

C.J.S.

- 83 C.J.S., Strike, § 1 et seq.

ALR.

- Rights of state and municipal public employees in grievance proceedings, 46 A.L.R.4th 912.


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