A number of former union members appeal from the Chatham County trial court’s grant of summary judgment to International Longshoremen Association Local No. 1414 “Local 1414″ concerning fees allegedly owed it by the ex-members arising from their acceptance of work at the union’s hiring hall. Appellants argue that the trial court, rather than the National Labor Relations Board “NLRB”, had jurisdiction to decide whether they were “voluntary” members of Local 1414; that federal law preempted the trial court from ruling on the fee dispute; and that Local 1414′s assessment of the referral fees violates the Georgia Right-to-Work Act. We affirm. The relevant facts are not in dispute. Local 1414 operates a hiring hall in the Port of Savannah where both members and non-members may obtain referrals for temporary work according to seniority. Members were charged seven percent of the hourly wages earned, while non-members were charged a fee based on the number of hours worked. Between 2004 and 2006, appellants accepted referrals through the hiring hall. When Local 1414 demanded payment, those appellants who had not already resigned from the union did so. Appellants then filed unfair labor practice and other charges with the NLRB.
In September 2006, the NLRB authorized a settlement under which non-members would be reimbursed the difference between the hourly fee charged to them and the seven percent fee charged to members. Local 1414 then brought this action for the seven percent fee charged to appellants while union members, as well as $1.337 for each hour of pay appellants received while non-members, on jobs obtained at the hiring hall between June 2005 and September 2006. The trial court denied appellants’ motion to dismiss on grounds including that the NLRB had exclusive jurisdiction, that the settlement agreement was reasonable, and that the fees did not violate OCGA § 34-6-22. The trial court later granted summary judgment to Local 1414 on the ground that no material issue of fact remained concerning appellants’ indebtedness.
