Georgia House passes bill adding difficulties for companies seeking state incentives to organize unions

March 21st, 2024

A group of people sitting in the Georgia House Chamber voting on a bill. — Georgia lawmakers voted and passed Senate Bill 362 that ties how company's recognize unions to state economic incentives. (Matthew Pearson/ WABE)

On Wednesday, Senate Bill 362 passed the State House by 96 to 78 votes. The legislation, backed by Gov. Brian Kemp, is heading to his desk for a signature.

Under the bill, if workers want to unionize, they could only do so through a secret ballot union vote. If they sign union cards, something organizers consider a more accessible method, the company they work for cannot benefit from state economic incentives.

House Democrats say SB 362 violates federal law.

“This bill is a solution in search of a problem.”
Dewey McClain, Georgia State House Representative District 109

“If this bill passes, there will be a lawsuit, and it will cost Georgia taxpayers millions of dollars, and the state will lose,” said Democratic State Rep. Saira Draper.

Dewey McClain, a Georgia House member and former president of the Atlanta North Georgia Labor Council AFL-CIO, also voted against the measure.

“This bill is a solution in search of a problem,” he noted.

A board filled with the names of Georgia's House Reps, color coded green and red based on how they voted for senate bill 362. — Senate Bill 362 passed the State House, 96 to 78. The legislation, backed by Governor Brian Kemp, heads to his desk for a signature. (Rahul Bali/ WABE)

Georgia ranks eighth-lowest among states for union membership, with only 4.4% of the state’s over 5.3 million workers in unions.

House Republicans claim the measure does not violate the National Labor Relations Act. The bill is similar to one passed in our northern neighbor, Tennessee, in 2023.

The Governor’s Floor Leader, Rep. Will Wade, R-Dawsonville, speaks in favor of SB 362 on Wednesday, March 20, 2024. (Matthew Pearson/WABE)

“I contacted the legislature in Tennessee. The chief counsel for the speaker’s office let me know that it’s been a year since the bills passed, and there has been no litigation with the National Labor Board,” said Republican Rep. Bill Werkheiser.

“I would expect to see a lawsuit as early as 2025 when this legislation becomes law and is fully enforced,” said Hannah Perkins, political director and campaign manager of Georgia AFL-CIO.

Labor advocates and union members watch for the results of the House vote on SB362 on the third floor of the Capitol. (Matthew Pearson/WABE)

In an emailed press release from Georgia AFL-CIO, president Yvonne Brooks says the legislation attacks workers’ rights.

“We strongly condemn the passage of SB-362,” she said. “Georgia’s working families deserve lawmakers who will defend our right to organize and advocate for good union jobs with fair pay and good benefits.”