IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – Declaration/Determination of Impasse

Single Topic for Decision 2041M

View all topics for Decision 2041M

Full Decision Text (click on the link to view): Full Text

If a party is privileged to claim impasse, the other party must be privileged to dispute that claim. Although this rule is particularly true where it is claimed that the declaration was made in bad faith, it is not limited to bad faith bargaining alone. An objecting party may also oppose a declaration of impasse based on a technical defense that impasse is unfounded under an objective standard.