IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – Post-Impasse

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Once impasse is reached either party may refuse to negotiate further and the employer is free to implement changes reasonably comprehended within its last, best and final offer. However, impasse suspends the parties' obligation to bargain only until changed circumstances indicate that an agreement may be possible; p. 7. The duty to bargain revives when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; p. 7. Not all terms and conditions of employment contained within a last, best and final offer may lawfully be implemented by an employer following impasse; p. 7, fn. 5. The district's duty to resume negotiations following good faith completion of impasse arises only if the association's proposals contain a concession from its earlier position which demonstates that completion of impasse arises only if the association's proposals contain a concession from its earlier position which demonstates that right to bargain does not revive the district's duty to negotiate following impasse. Upon completion of impasse the duty to bargain is renewed when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; pp. 11-12.