---
title: "Record bargaining proposals where the statute does not impose terms"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-or-oppose-an-intractable-bargaining-declaration/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A15-S20261018-6-US"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record bargaining proposals where the statute does not impose terms

> List the proposals in the file, the dates of meetings, and any concession the file says a party made or refused. Do not write an application, and do not describe the bargaining as grounds for an order that sets terms.

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-or-oppose-an-intractable-bargaining-declaration/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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the proposals in the file, the dates of meetings, and any concession the file says a party made or refused. Do not write an application, and do not describe the bargaining as grounds for an order that sets terms. |
| What the lawyer must review | You write any response. Section 8(d) of the National Labor Relations Act (29 U.S.C. § 158(d)) defines the duty to bargain collectively as the mutual obligation to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising under it, and to execute a written contract incorporating any agreement reached if requested by either party. The obligation does not compel either party to agree to a proposal or require the making of a concession. Where a contract is in effect, a party may terminate or modify it only by the notices and the continuation of terms that the subsection states. The opened sections do not provide a declaration that bargaining is intractable, and they do not authorise an order that writes the terms of a contract. Section 10 (29 U.S.C. § 160) empowers the Board to prevent unfair labor practices listed in section 8, including a refusal to bargain. It does not, in the text opened here, authorise the Board to impose the concessions a party has refused. |
| Written for | United States |
| Applies to | [Apply for or oppose an intractable bargaining declaration](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/apply-for-or-oppose-an-intractable-bargaining-declaration.md) |

## Checking plan

- What the AI does: List the proposals in the file, the dates of meetings, and any concession the file says a party made or refused. Do not write an application, and do not describe the bargaining as grounds for an order that sets terms.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A refusal to concede is not, on the opened text, itself a refusal to bargain. Record the meetings and the proposals.
- The opened sections do not create an intractable-bargaining declaration.
- Any application or response that will be filed is yours.

## Sources

- [29 U.S.C. § 158, unfair labor practices](https://www.law.cornell.edu/uscode/text/29/158) (checked 2026-10-22)
- [29 U.S.C. § 160, prevention of unfair labor practices](https://www.law.cornell.edu/uscode/text/29/160) (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.*