DC Circuit: Pennsylvania State Corrections v. NLRB

Employer bargained to lawful impasse, since the award of back pay at the time of impasse met the regulatory requirements. Parties had sufficient notice of the issues for jurisdiction.

Dissent:  Employer improperly conflated the back-pay issue with other issues, and since the timing of the impasse determines the back-pay,  simple declaration of impasse at a time when the disbursement was likely to be lawful doesn't establish that the impasse was per se lawful, since the bargaining that produced it seemed to put the back-pay in peril.  No jurisdiction over this claim, as the employer didn't raise it.

https://www.cadc.uscourts.gov/internet/opinions.nsf/76C77F8449B89631852582C200522637/$file/16-1328-1739390.pdf