section 8(f) agreement
section 8(f) agreement. Labor law. A labor contract that is negotiated between an employer in the construction business and a union that cannot demonstrate that it represents a majority of the employees at the time the contract is executed. 29 USCA § 158(f). • This is an exception to the general rule that an employer need only negotiate with a union that can demonstrate majority status. It was enacted in part because of the nature of the construction industry, in which the employers may have several different jobs in different parts of the country, the jobs are typically completed in a relatively short time, and the workforce is often transient. Since the workforce often does not have sufficient ties to a particular employer to petition for a certification election, section 8(f) agreements are directed toward providing a certain level of protection in recognition of that fact. But section 8(f) agreements are not equivalent to collective-bargaining agreements. For example, the employer can legally repudiate the agreement at any time, and the employees may not legally picket to enforce the agreement. The main protection such an agreement provides is a monetary obligation, which can be enforced, if necessary, in federal court. And if the union achieves majority status, the section 8(f) agreement will essentially become a fully enforceable collective-bargaining agreement.
