1. Name the FLSA classification (covered or exempt) for each position in the table below, and give your analysis for each classification. 

2. Suppose that Falstaff is a plant manager and exercises his right to take a leave under the FMLA. When Falstaff returns, he is told that the replacement plant manager has increased efficiency in the plant by 30 percent and that he is being reassigned as a skilled trades person because no other jobs are available. Has CBC violated the FMLA? Could CBC limit its liability by informing Falstaff that he is a key employee? What is the impact of key-employee classification in this case?

Assume that CBC management is concerned about productivity and hires a consultant to restrict its company computers from accessing certain websites in the month of March during the national college basketball playoffs. Has CBC violated the employees’ rights to privacy?

4. Suppose that several employees are interested in forming a union. Which groups of people have sufficient mutuality of interests to form a collective bargaining unit under the NLRA? Can any administrative employees be recognized as a collective bargaining unit? Why or why not?

5. Assume that workers employed as trades persons obtain sufficient authorization cards and the NLRB schedules an election. One of the organizers of the union effort passes out union fliers in the plant cafeteria during an unpaid lunch hour. The plant manager alts the practice on the basis that no union solicitation is permitted on CBC’s property. Has CBC committed an unfair labor practice by prohibiting the distribution of the fliers? Suppose that the pro-union organizer distributed the fliers while the trades persons were on the line working. Could CBC ban that practice? Why or why not?

6. Assume a union for skilled trades persons is certified but CBC refuses to recognize the union. The union workers strike and picket outside of CBC’s head-quarters. They also organize a picket line in front of several Sports Outlet stores because Sports Outlet is a major retail store customer of CBC. Are these two pickets (in front of CBC and in front of Sports Outlet) permitted under the NLRA? Why are they different? If the union workers cease the strike and offer unconditionally to come back to work, must CBC reinstate them? Is this an economic strike? Why or why not? 

Collegiate Banner Company (CBC) is a manufacturer and distributor of flags and banners bearing the names, logos, mottos, and mascots of American colleges and universities. Its products are purchased for retail sale by college bookstores as well as large-scale retail outlet sports equipment chains. CBC’s administrative head-quarters and sole manufacturing facility are located in different buildings on the same site. Its total workforce is 121 employees, with 76 employees located in the plant and the remaining 45 employees working in the office. CBC classifies its employees into two broad categories: administrative employees and trade employees. The breakdown is illustrated in the table below.

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Administrative Employees Number of Position Primary Duty Pay Range Location Employees $150,000 and above Executive Business planning and operations Office 5 manager $75,000-$100,000 Office General manager Hiring, supervision, and evaluation of profes- 10 sional staff $50,000-$100,000 Professional staff Operational functions such as accounting, customer service, marketing, logistics, and Office 15 human resources Support managers and professional staff with administrative tasks such as scheduling, preparing documents and reports, answering calls, and keeping track of expenses Support staff $20,000 (entry level) to $75,000 (president's adminis- trative assistant) Office 15 Trade Employees Number of Position Primary Duty Pay Range Location Employees Plant supervisor $30/hour Day-to-day supervision of line managers and employees in the manufacturing facility 75% plant 25% office Line manager Supervision of line workers in various sec- tions of the plant; responsible for evalua- tion, efficiency reports, and ensuring quality $25-$30/hour 90% plant 10 10% office control Number of Employees Position Pay Range Location Primary Duty Work involving the use of specialized equip- $20-$25/hour Plant Skilled tradesperson 20 ment for product designs and layouts Line work involving repetitive tasks required to manufacture the product Tradesperson $12-$20/hour Plant 30 Delivery truck driver Loading and delivering products to retailers or wholesalers $12-$25/hour Plant 15