Did the non-statutory labor exemption from the antitrust laws expire upon the parties reaching bargaining impasse?
Under labor law's impasse doctrine, most provisions incorporated in a collective agreement are held not to expire with the agreement, but rather "survive" until the parties reach a good-faith deadlock in negotiations toward a new agreement. Only after reaching such an impasse may employers legally make unilateral changes in mandatory subjects or take other action such as to lock out employees until a new agreement is reached, or to negotiate separate interim agreements on an individual employer basis. If antitrust laws are applied when an impasse is reached, instability and uncertainty would be introduced into the collective bargaining process. The Supreme Court did not agree that the exemption expired upon impasse of the parties.
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