Are We There Yet? Reviewing Impasse in Union Negotiations

Declaring impasse during collective bargaining can be an important, consequential decision for an employer. A valid impasse generally allows an employer to implement its last, best, and final offer unilaterally, but a premature declaration can violate Section 8(a)(5) of the National Labor Relations Act (NLRA). 

In Southwest Florida Symphony Orchestra and Chorus Association v. NLRB, decided February 19, 2026, the U.S. 11th Circuit Court of Appeals addressed this issue after the Symphony...