If negotiations reach an impasse and such an impasse is not the result of an employer's bad-faith negotiations then an employer can unilaterally implement its last offer.

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This is known as the "impasse resolution" or "last offer" rule and is recognized in many jurisdictions. If negotiations have reached an impasse and the employer has made a final offer that is genuinely the employer's last and best offer, then the employer may implement that offer unilaterally without violating its duty to bargain in good faith. However, the impasse must be genuine and not the result of the employer's bad faith bargaining tactics.

If Negotiations Reach an Impasse and Such an Impasse Is