NLRA impasse cases

Abstract

This article covers the impasse doctrine, and instances in which employer and employees reach an impasse on bargaining. At that time, employers may make unilateral changes to terms and conditions of employment, even permanently replacing strikers. The author extensively reviews case law in this area, including the Carey Salt, and Erie Brush cases, and suggests that the National Labor Relations Board’s (NLRB) investigative and remedial powers are crucially important to identify and avoid improper failures to negotiate to a valid impasse, in contrast to a forced impasse, and thereby protecting workers’ rights.