N.L.R.B. v. Mar-Len Cabinets, Inc.

In NLRB v. Mar-Len Cabinets, Inc., 659 F.2d 995 (9th Cir. 1981), we held that looking to the substance of an agreement is permissible when it "supports an inference of intent to frustrate agreement where... the entire spectrum of proposals put forward by a party is so consistently and predictably unpalatable to the other party that the proposer should know agreement is impossible."