IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – Post-Impasse
Single Topic for Decision 1416E
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900.05000 – Post-Impasse
Once impasse is reached either party may refuse to negotiate further and the employer is free to implement changes reasonably comprehended with its last, best and final offer; p. 8. Although the duty to bargain is dormant while the parties are participating in impasse procedures, the employer or the employee organization can be required to negotiate further in good faith when the impasse is broken by a change in circumstances; p. 8. The duty to bargain is revived when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; p. 12.