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Non-Impasse Problems

Problems reaching agreement that are not considered impasse

Surface Bargaining

	Bargaining without intent to reach an agreement, such as by refusing to agree to even simple, non-controversial proposals.
	Going through the motions while trying to avoid agreement

Bad Faith

	Cases where one party is not making an effort to reach an agreement.
	Failures or refusals to adhere to affirmative obligations (example, provide information) of the duty to bargain are considered “per se” violations of the NLRA.