Split D.C. Circuit Finds Employer’s Claim Of Impasse Was Lawful

Mealey's (July 11, 2018, 1:57 PM EDT) -- WASHINGTON, D.C. — A union, acting as the employer, showed that it reached a lawful impasse with the union representing its employees in a dispute over five terminations despite a finding by the National Labor Relations Board that the employer attempted to reduce the remedy established in Transmarine Navigation Corp., 170 NLRB 389 (1968), a divided District of Columbia Circuit U.S. Court of Appeals panel ruled July 6 (Pennsylvania State Corrections Officers Association v. National Labor Relations Board, No. 16-1328, D.C. Cir., 2018 U.S. App. LEXIS 18382)....