Summary of CWA and Avaya INC.

Neutrality Consent Election (NCE) Agreement

Campaign Rules:

• The company pledges conduct that neither helps nor hinders the organizing efforts;
• The union will be afforded reasonable opportunities for workplace access;
• Campaign literature will be shared;
• Management may respond to individual’s questions or concerns, and can discuss the organizing process and correct inaccuracies;
• Management will not conduct “captive audience” meetings;
• Violations of the agreement will be addressed via the dispute resolution section; and,
• Union must notify management at start of  “formal” campaign.

Election Procedure:

• Union must submit a majority of show of interest cards to the American Arbitration Association (AAA);
• Cards must be dated within 3 months of the date they are presented;
• The company will provide a list to AAA within 3 business days;
• The election will take place within 7-14 days after submission of cards;
• A majority of those who vote will determine the outcome; and,
• If unsuccessful, no new election for at least12 months.

Access:

• Union and management meet to discuss details.
• Access cannot interfere with operations.
• Non-work areas during non-work times.

Bargaining:

• Bargaining will commence within 60 days after the election.
• Agreement will only apply to agreed-upon unit.

Dispute Resolution:

• Union and management discuss first.
• If no resolution, refer to AAA.

To read the entire NCE agreement, go click on the contract link

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