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COMMUNICATION WORKERS OF AMERICA v. AVAYA, INC.

No. 11-1470.

693 F.3d 1295 (2012)

COMMUNICATION WORKERS OF AMERICA, Plaintiff-Appellee, v. AVAYA, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 11, 2012.

Attorney(s) appearing for the Case

Patrick R. Scully ( Sarah R. Peace with him on the brief) of Sherman & Howard L.L.C., Denver, CO, for Defendant-Appellant.

Stanley M. Gosch of Rosenblatt & Gosch, P.L.L.C., Greenwood Village, CO, for Plaintiff-Appellee.

Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and O'BRIEN, Circuit Judge.

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 employees called "backbone engineers." The union views the backbone engineers as non-represented "occupational" employees and legitimate objects for its organizing campaigns, while...

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