Communication Workers of America v. Avaya, Inc.

O’BRIEN, Circuit Judge.

I. Introduction

Avaya Inc. (“Avaya”) appeals from the district court’s ruling compelling arbitration of its labor dispute with the Communication Workers of America (“CWA”) over the legal status of a class of Avaya employ ees called “backbone engineers.” The union views the backbone engineers as non-represented “occupational” employees and legitimate objects for its organizing campaigns, while Avaya sees them as managers outside the scope of the company’s labor agreements. CWA contends the parties’ collective bargaining agreement (“CBA”) requires any dispute over the…