§ 2.1.37.1 BARGAINING IMPASSE.

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§ 2.1.37.1 Bargaining Impasse. The duty to bargain requires no party to engage in fruitless marathon discussions at the expense of frank statements and support of its position.217 Where there are irreconcilable differences in the parties' positions, after exhaustive good-faith negotiations, the law recognizes the existence of an impasse. However, there is difficulty in drawing a line between an impasse reached by hard and steadfast bargaining and resulting from an unlawful refusal to bargain. When a union calls a strike, it does not mean that an impasse in bargaining has occurred. Where an impasse is reached, the duty to bargain is not terminated, but only suspended.218 During the impasse, the employer still has duty of bargaining and, therefore, may not take action in disparagement of the collective bargaining process but take any action tantamount to a withdrawal of recognition of the union's representative status.219

If an impasse has been reached, an employer may change wages, hours, and terms and conditions of employment. However, if the...

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