impasse
- Domaine
-
- travailrelations professionnelles
- Date
Définition :
Situation sans issue qui se présente au cours de la négociation d'une convention collective, lorsque les parties, cramponnées à leurs positions respectives, se refusent à de nouvelles concessions.
Note :
Elle conduit presque infailliblement à la grève, à moins de l'intervention d'un médiateur.
Terme :
- impasse n. f.
Terme associé :
- point mort n. m.
Traductions
-
anglais
Date :Définition
A deadlock in negotiations /.../ when collective bargaining has been brought to a standstill, and unresolved issues are still on the bargaining table.
In negotiation, a state in which no further progress in reaching agreement can be made.Notes :
In negotiation, a state in which no further progress in reaching agreement can be made. Either party may determine the point at which impasses has been reached. In the public sector, technical impasse occurs when agreement has not been reached by a specified number of days before the deadline for budget submission, even though the parties are continuing to bargain in good faith. In public employment, impasses are often resolved by the intervention of a neutral third party, such as a mediator of factfinder.
Whether an impasse exists "is a matter of judgement," the NLRB said in its 1967 decision in Taft Broadcasting Co. v. AFTRA (163 NLRB No. 55 (1967), 64 LRRM 1386). "The bargaining history, the good faith of the parties in negotiations, the length of the negotiations, the importance of the issue or issues as to which there is disagreement, the contemporaneous understanding of the parties as to the state of negotiations, are all relevant factors to be considered in deciding whether an impasse in bargaining existed," the Board pointed out.Termes :
- impasse
- deadlock