The position of the AMA and MMS was based on their existing policies.
In the amicus brief, they stated that "residents have a unique status as participants
in graduate medical education programs and should have the right to negotiate
as a group about legitimate issues relating to patient care and resident well-being,
but they should not have the right to strike." However, both associations
agreed that the educational concerns of the training institution are paramount
and should not be subject to negotiation. Andrew Thomas, MD, the resident
member of the AMA Board of Trustees explained, "We are not asking that residents
have the right to negotiate the educational requirements of their residency
which are established by the ACGME [Accreditation Council for Graduate Medical
Education] and the Residency Review Committees. There may be, however, opportunities
for residents to negotiate how those requirements would be met. Other legitimate
issues for negotiation include adequacy of medical equipment, availability
of adequate laboratory and ancillary staff support, availability of adequate
call rooms, and security for physicians and patients."