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Explain what the NLRB considers in deciding whether an employee is a supervisor.

1. You have the following wage progression scale
HOUSEKEEPER
START 6 MOS 1 YEAR 2 YEARS 3 YEARS
3-1-21 9.00 9.50 10.00 10.50 11.00
3-1-22 9.50 10.00 10.50 11.00 11.50
3-1-23 10.00 10.50 11.00 11.50 12.00
LABORER
START 6 MOS 1 YEAR 2 YEARS 3 YEARS
3-1-21 9.50 10.00 10.50 11.00 11.50
3-1-22 10.00 10.50 11.00 11.50 12.00
3-1-23 10.50 11.00 11.50 ` 12.00 12.50
MAINTENANCE HELPER
START 6 MOS 1 YEAR 2 YEARS 3 YEARS
3-1-21 10.00 10.50 11.00 11.50 12.00
3-1-22 10.50 11.00 11.50 12.00 12.50
3-1-23 11.00 11.50 12.00 12.50 13.00
Employees are paid according to length of service with the company and classification on a calendar year basis without deduction for time off or proration. Joe is hired as a Housekeeper on 4-1-21 and is promoted to Laborer on 7-1-22 and to Maintenance Helper on 10-1-23. State the rate at hire and the wage changes and the dates thereof. (6 points) (Note: There may or may not be six rate changes.)

2.
HOUSEKEEPING
START 6 MOS 1 YEAR 2 YEARS 3 YEARS 4 YEARS
7-1-21 8 9 10 11 12 13
7-1-22 9 10 11 12 13 14
7-1-23 10 11 12 13 14 15

MAINTENANCE HELPER
START 6 mos 1 YEAR 2 YEARS 3 YEARS 5 YEARS
7-1-21 9 10 11 12 13 14
7-1-22 10 11 12 13 14 15
7-1-23 11 12 13 14 15 16

MAINTENANCE MAN
START 6 mos 1 YEAR 2 YEARS 3 YEARS 5 YEARS
7-1-21 16 17 18 19 20 21
7-1-22 17 18 19 20 21 22
7-1-23 18 19 20 21 22 23

HVAC TECH
START 6 mos 1 YEAR 2 YEARS 3 YEARS 5 YEARS
7-1-21 20 21 22 23 24 25
71-22 21 22 23 24 25 26
7-1-23 22 23 24 25 26 27

YOU HAVE THE FOLLOWING EMPLOYEES
HOUSEKEEPER A D.O.H. 6-1-96 RED CIRCLED AT 15.50
HOUSEKEEPER B D.O.H. 7-1-11
HOUSEKEEPER C D.O.H. 10-1-15
MAINTENANCE HELPER D.O.H 4-1-19
MAINTENANCE MAN D-O-H 1-1-00
HVAC TECH D.O.H. 7-1-98
HEALTH INSURANCE IS $ 500 A MONTH PER EMPLOYEE
YOUR HVAC DOES NOT TAKE HEALTH INSURANCE SINCE HE IS ON MEDICARE
EMPLOYEES WITH 15 OR MORE YEARS OF SERVICE EARN .25 PER HOUR LONGEVITY
EMPLOYEES RECEIVE AN ANNUAL SERVICE BONUS OF $ 2,000 UPON ATTAINING THEIR 20TH ANNIVERSARY
VACATIONS ARE GRANTED BASED ON THE FULL COMPLETED YEARS OF SERVICE AS OF 12-31
0 YEARS O WEEKS
1 YEAR 2 WEEKS
10 YEARS 3 WEEKS
20 YEARS 4 WEEKS
VACATIONS ARE COVERED BY TEMPS AT $ 1,000 A WEEK FOR THE CLASSIFICATION OF HVAC TECH
THE MAINTENANCE HELPER FILLS IN FOR THE VACATIONS OF OTHER EMPLOYEES AT OVERTIME
NOBODY COVERS THE VACATION OF THE MAINTENANCE HELPER
THE TEMPORARY TRANSFER LANGUAGE PAYS AN EMPLOYEE AT THE FIRST RATE THAT IS AN INCREASE FOR WORKING IN HIGHER RATED CLASSIFICATIONS. AN EMPLOYEE IS COMPENSATED AT HIS REGULAR RATE IF WORKING IN A LOWER RATED CLASSIFICATION
ASSUME 500 HOURS COMPENSATED PER EMPLOYEE PER CALENDAR QUARTER EXCLUSIVE OF OVERTIME
SS, UE, WC = 20%
ASSUME THE MAINTENANCE MAN WILL RETIRE ON 7-1-22
AND THAT THE MAINTENANCE HELPER WILL IMMEDIATELY TAKE HIS PLACE
AND THAT A NEW MAINTENANCE HELPER WILL IMMEDIATELY BE HIRED
PERSONS ARE PAID BASED ON DATE OF HIRE AND CLASSIFICATION WITH NO DEDUCTION FOR LOA OR LAYOFF
CALCULATE YOUR 2023 BUDGET.
SHOW YOUR WORK (30 POINTS)

3. Start all your will need to ask to determine how the below wage progression scale works.(8 points) NOTE: There may or may not be eight questions.
HOUSEKEEPING
START 6 MOS 1 YEAR 2 YEARS 3 YEARS 4 YEARS
7-1-21 8 9 10 11 12 13
7-1-22 9 10 11 12 13 14
7-1-23 10 11 12 13 14 15

MAINTENANCE HELPER
START 6 mos 1 YEAR 2 YEARS 3 YEARS 5YEARS
7-1-21 9 10 11 12 13 14
7-1-22 10 11 12 13 14 15
7-1-23 11 12 13 14 15 16

MAINTENANCE MAN
START 6 mos 1 YEAR 2 YEARS 3 YEARS 5
7-1-21 16 17 18 19 20 21
7-1-22 17 18 19 20 21 22
7-1-23 18 19 20 21 22 23

4. You have the following wage band

Housekeeper $ 11-12

The band is increased by 5%

What are the new wage rates for the following: (2 points each)

Housekeeper A 11.10
Housekeeper B 11.45
Housekeeper C 11.80

5. You have a job bidding provision in the contract which says. Vacancies in bargaining unit positions shall be posted for seven (7) days. All bids filed with the posting period shall be considered. If qualifications are relatively equal, the more senior bidder shall be granted the position, provided, however, that employees granted a position hereunder shall be ineligible to
be granted a new position for one year from the date of promotion. You hire an external applicant who is far better than the senior bidder. Under what circumstances could you hire the outside applicant under this language. (2 points) What argument would you expect the union to make? (2 points) What would you expect the union to say if you offered to grant the next vacancy to the senior person denied the position and why? (3 points)

6. You employ 40 assemblers and 20 machinists. The Union files a petition with the NLRB to represent the assemblers and files 16 authorization cards. What might you do to cause the NLRB to dismiss the petition and what can the Union do to respond? (4 points)

7. Explain what the NLRB considers in deciding whether an employee is a supervisor. (4 points)

8. What are the advantages and disadvantages of stipulating or not stipulating to an election for

The Union (3 points)

The Employer (3 points)

9. There are 100 people in the proposed unit. The vote is 42 for the union, 40 against the Union with 4 challenged ballots. What is the result and what happens next. (4 points)

10. State and describe three (3) potentials grounds for overturning an NLRB election. (2 points each)

11. You are a non-health care private employer. Based on the following dates and events, when could a decertification petition have been filed to be allowed by the NLRB. (6 points)
April 1, 2021 Representation election certifies union as representative
May 15, 2022 Collective bargaining agreement signed, effective May 1, 2022 to April 30, 2025.
July 1, 2025 New collective bargaining agreement signed

12. You have been hired as Head of Human Resources/Labor Relations for a small city in Ohio. There are four (4) bargaining units; police, fire, Roads and Clerical. You also have non-union administrative employees. All contracts are to expire on December 31, 2022. Explain all you will consider and all you will do to prepare for negotiations, negotiate and ratify new collective bargaining agreements. In addition to other provisions, you want to negotiate a City-wide vaccination and masking policy. (50 points) EXPLAIN EACH STEP IN YOUR OWN words. WHERE DIFFERENT GROUPS ARE HANDLED DIFFERENTLY, EXPLAIN.

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