Negotiations

If the question is to be taken literally, the answer is – no. We must first separate and understand several issues presented within the question.

The right to bargain is a statutory right granted by the National Labor Relations Act, enacted by Congress in 1935. The NLRA permits employee’s to organize and elect a representative of their choice to represent them in dealings with their employer. The Act obligates the employer to bargain certain subjects of bargaining such as mandatory subjects of bargaining which include wages and terms and conditions of employment.

When the term “strategic direction” of an organization is used I interpret such a term as subjects beyond mandatory and more in the nature of management or employer rights. Such rights are usually vested rights of the employer to manage its business and control the modes and methods of operation of its business. While some employers will agree to entertain discussions of issue’s that encroach upon such rights (thus an avenue to influence), they usually attempt (during bargaining) to broaden the scope of the employer rights provisions.

So it is not necessarily correct to assume that the strategic direction of the institution is even lawful to bargain regardless of the “style” of bargaining utilized. This does not mean, however, that a mechanism cannot be established to permit future discussion or inclusion in such planning by other means and at other times.