Holding that brevity of parties' negotiations on issue and union's position that it still "had more movement to make" undermine employer's declaration of impasse
In Lane v. N.L.R.B., 418 F.2d 1208, 1209-12 (D.C. Cir. 1969), the Supreme Court's approach to § 8(a)(1) and § 8(a)(3) of the Act was described as being in a "state of flux".