Avaya Backbone Engineers Campaign Update March 19, 2010
As you know, on March 1, 2010 we notified Avaya management of our intent to conduct an organizing campaign with the Backbone Engineer group. The current CWA/Avaya contract contains a Neutrality Consent Election (NCE) process for organizing new workers. This process has been a part of the CWA/Avaya (and their predecessor’s) agreements since the mid 1980s.
The original intent of developing an organizing process that was mutually agreeable is spelled out in the first paragraph of the NCE memorandum: “The Unions and the Company recognize that it is in their mutual interest to operate in the spirit of partnership and common vision. The parties also share the mutual goals of building a world class, high performance enterprise and addressing employment security through business success and employee development.”
The NCE memorandum also foresaw that CWA and Avaya may not always see eye to eye on everything, and mandates that any disagreements regarding implementation of the NCE agreement will be determined by a Third Party Neutral (TPN). The TPN role is typically an independent arbitrator with labor experience who makes decisions according to National Labor Relations Board (NLRB) precedents. (Click here to see a summary of the NCE memorandum.)
Avaya management has informed CWA that in their opinion, the NCE does not apply to Backbone Engineers because they are managers. We have offered to take this dispute to the TPN as per the agreement, but Avaya has refused. We are convinced the Backbone Engineers will not be classified as managers under the accepted NLRB definition:
a. Managerial employees are those who “formulate and effectuate management policies by expressing and making operative the decisions of their employer, and those who have discretion in the performance of their jobs independent of their employer’s established policy.” General Dynamics Corp., Convair Aerospace Div., 213 NLRB 851, 857 (1974).
b. Normally, an employee may be excluded as managerial “only if he represents management interests by taking or recommending discretionary actions that effectively control or implement employer policy.” NLRB v. Yeshiva Univ., 444 U.S. 672, 683 (1980).
It is interesting that on the one hand, Avaya is claiming that Backbone Engineers are managers and excluded from unionization, but on the other hand is conducting anti-union “captive audience” meetings to convince Backbone Engineers that they shouldn’t join CWA. One can only wonder what changes Avaya has planned for the BBE group that union representation would prevent.
We have filed grievances regarding Avaya’s refusal to adhere to the NCE process in the current agreement. It may take several months for the grievances to advance and get to an independent arbitrator. We are very confident that any arbitrator who hears this case will order Avaya to fulfill their end of the agreement as we have fulfilled ours.
Until then, the organizing campaign will continue forward. Your colleagues on the Avaya BBE Inside Organizing Committee have developed a Mission Statement that includes their reasons for wanting a voice at work: (You can read the entire Mission Statement by clicking here.)
To be treated with respect and dignity commensurate with our skills, experience, and the importance of our work to Avaya and our customers.
To ensure that Backbone work stays in North America, and that our customers receive the level of support they deserve.
To have a voice, guaranteed by contract, in decisions that affect us, so that our schedules and benefits cannot be changed without our input.
Avaya’s actions may delay Backbone Engineer’s ability to gain a voice in their workplace, but they cannot deny it if the BBE group remains united. The Inside Organizing Committee expresses this in the final line from the Mission Statement: Together, we can do what is best for ourselves, for our customers, and for Avaya
Sheryl Sullivan - opeiu#5 - afl-cio March 19, 2010
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