Declare an Impasse During the Collective Bargaining Process

Key Points

  • An impasse is determined when the employer and union reach a point during the collective bargaining process when both parties are reasonable in assuming that further negotiations would be pointless.
  • Once the employer reaches an impasse, it is permitted to implement changes to the terms and conditions of employment that are consistent with the previous proposals to the unions. However, an employer cannot offer greater benefits or ones that differ than those presented during negotiations.
  • An employer can institute a lockout at this time in order to place economic pressure upon the union. However, an employer should beware that a union may also call a strike at this point.

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