The Implementation After Impasse Strategy
Generally, once an employer believes that the parties are at an impasse, it will present its last, best and final offer to the union. An employer should elicit from the union whether or not it will recommend the final offer to the rank-and-file for ratification. A refusal by the union to recommend the final offer is further evidence of an impasse. Then, if the final offer is voted and rejected by the rank-and-file, there is additional evidence of an impasse. Once it is clear that an impasse has been reached, an employer can exercise its legal right to declare an impasse and implement its pre-impasse offer.
There are numerous post-implementation scenarios. If the union reconsiders its position and accepts the final offer, the parties have a contract. If the union continues to reject the final offer, it can follow its internal procedures, if any exist, to authorize a strike. If a strike is not authorized, employees will continue to work under the implemented terms, but no contract will be in effect. If a strike is authorized, employees who decide to cross the picket line will work under the implemented terms. An employer can also exercise its legal right to continue to operate with replacement workers. http://www.lawmemo.com/articles/hardball.htm