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

Single Topic for Decision A129H

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In determining the existence of an impasse, the regional director failed to address employer allegations that the exclusive representative did not negotiate in good faith. Impasse exists only where the parties have attempted in good faith to reach agreement prior to arriving at the point where the differences in their positions make further negotiations futile. In the absence of exclusive representative's submissions contesting the employer's assertions, determination of impasse is set aside and parties ordered to return to the negotiating table.