UNION UNFAIR PRACTICES; DEFENSES – Impasse Broken-Duty to Bargain

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Even if parties have reached a bona fide impasse after completing negotiations in good faith, an impasse “can be terminated by nearly any change in bargaining-related circumstances” that is sufficient to suggest that “attempts to adjust differences may no longer be futile.” (PERB v. Modesto City Schools District (1982) 136 Cal.App.3d 881, 899.) “Most obviously, an impasse will be broken when one party announces a retreat from some of its negotiating demands.” (Ibid.) Once impasse is broken, “the duty to bargain revives.” (Ibid.) When employer unlawfully imposes the very terms under discussion, good faith bargaining is not possible, because union is forced to start from a position of having to talk the employer back to the status quo. (San Mateo County Community College District (1979) PERB Decision No. 94, p. 15.)