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Section 8(F) Agreement: A special type of labor contract negotiated between an employer in the construction industry and a union that does not represent a majority of the employees at the time the contract is signed. This agreement is made to provide some protection to the workers who may not have strong ties to a particular employer and cannot petition for a certification election. However, it is not the same as a regular collective-bargaining agreement, as the employer can cancel it at any time, and the employees cannot picket to enforce it. The main protection it provides is a monetary obligation that can be enforced in federal court. If the union becomes the majority, the section 8(f) agreement will become a fully enforceable collective-bargaining agreement.
A section 8(f) agreement is a type of labor contract negotiated between an employer in the construction industry and a union that cannot prove it represents a majority of the employees at the time the contract is signed. This agreement is an exception to the general rule that an employer only needs to negotiate with a union that can demonstrate majority status.
The construction industry is unique in that employers may have multiple jobs in different parts of the country, jobs are typically completed in a short time, and the workforce is often transient. This makes it difficult for employees to petition for a certification election, so section 8(f) agreements provide a certain level of protection for workers.
However, section 8(f) agreements are not the same as collective bargaining agreements. Employers can legally repudiate the agreement at any time, and employees cannot legally picket to enforce the agreement. The main protection provided by a section 8(f) agreement is a monetary obligation that can be enforced in federal court. If the union achieves majority status, the section 8(f) agreement becomes a fully enforceable collective bargaining agreement.
An employer in the construction industry signs a section 8(f) agreement with a union that only represents 30% of the employees. The agreement includes a provision for a certain wage rate and benefits for the workers. If the employer violates this agreement, the union can take legal action to enforce the monetary obligation. However, if the union later gains majority status, the section 8(f) agreement becomes a fully enforceable collective bargaining agreement.