---
title: "Record the facts of a construction-industry agreement under section 8(f)"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-or-oppose-a-supported-bargaining-authorisation/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A15-S20261018-15-US"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the facts of a construction-industry agreement under section 8(f)

> From the file, list whether the employer is described as engaged primarily in the building and construction industry, whether the labor organization is described as one of which building and construction employees are…

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-or-oppose-a-supported-bargaining-authorisation/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Anti-Discrimination & Industrial Relations](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the file, list whether the employer is described as engaged primarily in the building and construction industry, whether the labor organization is described as one of which building and construction employees are members, and whether the file records majority status under section 9. Do not draft an authorisation application. |
| What the lawyer must review | You decide whether section 8(f) is available. 29 U.S.C. § 158(f) provides that it is not an unfair labor practice under section 8(a) or 8(b) for an employer engaged primarily in the building and construction industry to make an agreement covering employees engaged, or who will be engaged, in that industry with a labor organization of which building and construction employees are members, where that organization was not established, maintained, or assisted by an action defined in section 8(a) as an unfair labor practice, because majority status was not established under section 9 before the agreement, or because the agreement requires membership after the seventh day following the beginning of the employment or the effective date of the agreement, whichever is later, or because it requires notice of employment opportunities or an opportunity to refer qualified applicants, or because it specifies minimum training or experience or gives priority based on length of service with the employer, in the industry, or in the geographic area. The subsection does not set aside the final proviso to section 8(a)(3). That proviso was not applied. An agreement that would be invalid but for clause (1) is not a bar to a petition under section 9(c) or 9(e). Section 9(a) makes a representative chosen by a majority the exclusive representative. The opened text does not provide for an application to authorise supported bargaining, and it does not authorise the Board to impose the terms of an agreement. |
| Written for | United States |
| Applies to | [Apply for or oppose a supported bargaining authorisation](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-or-oppose-a-supported-bargaining-authorisation.md) |

## Checking plan

- What the AI does: From the file, list whether the employer is described as engaged primarily in the building and construction industry, whether the labor organization is described as one of which building and construction employees are members, and whether the file records majority status under section 9. Do not draft an authorisation application.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 8(f) is a construction-industry rule about an agreement made before majority status is shown. It is not a supported-bargaining authorisation, and it does not let the Board impose terms.
- The final proviso to section 8(a)(3) was not opened as a separate rule. Do not apply it from memory.
- Section 9(e) is named as a petition that an 8(f)(1) agreement does not bar. Its union-security ballot procedure was not used to decide whether the agreement is lawful.

## Sources

- [29 U.S.C. § 158(f), agreements in the building and construction industry](https://www.law.cornell.edu/uscode/text/29/158) (checked 2026-10-22)
- [29 U.S.C. § 159, representatives and elections](https://www.law.cornell.edu/uscode/text/29/159) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*