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."
In Nabors Trailers, we faced quite similar facts to those now before us. There, the employer and the union met several times and were unable to agree on terms.