Happy Valley, Inc. is a manufacturer of portable toilets.

Happy Valley, Inc. is a manufacturer of portable toilets.

You may use any materials including your text, course content, Web or online library resources, etc. Please cite your sources of information according to APA Style (Links to an external site.) and include a reference page.
Answer each of the following five questions sets:
1. Happy Valley, Inc. is a manufacturer of portable toilets. It has been in business since 1855, the past few years under the leadership of James Franklin, its President and CEO. All 84 hourly workers at the toilet plant are represented by the Pennsylvania Operators and Olfactory Engineers, affectionately referred to as P.O.O. Doug Allen is the President of P.O.O. Happy Valley, Inc. and P.O.O. are parties to a collective bargaining agreement (CBA). Pursuant to the CBA, employees cannot be discharged without “just cause.” The agreement does not define just cause. Employees have 10 days to file a grievance to challenge terminations. If grievances cannot be resolved between the parties, they are resolved by final and binding arbitration. In the past, talented prospects have come from far and wide to work for Happy Valley, Inc. Unfortunately, the labor market ain’t what is used to be. One sign of the times is an increasing attendance problem at Happy Valley, Inc., which Mr. Franklin attributes to a cavalier attitude by members of the Millennial Generation. To stem the tide, Mr. Franklin developed a new attendance policy. Pursuant to the new attendance policy, any employee with five or less years of service will be summarily dismissed if they are late for work. Mr. Franklin sent an e-mail to Mr. Allen at 6:00 p.m. on July 3 stating, “attached is a copy of the attendance policy that will be implemented at the toilet plant on July 5.” Mr. Allen did not respond to Mr. Franklin’s e-mail. On July 5, Mr. Franklin implemented the new attendance policy. On July 6, Christian Hackenberg arrived to work five minutes late for his shift at the toilet plant. Mr. Franklin terminated Mr. Hackenberg’s employment on the spot.
 In 250 words or less, identify, what, if anything, Happy Valley, Inc. did wrong?
 In 250 words or less, identify what recourse, if any, P.O.O. may have against Happy Valley, Inc. for implementing the attendance policy?
 In 250 words or less, identify what, if any, recourse Mr. Hackenberg may have to get his job back?
2. Under the leadership of Glenn Edward “Bo” Schembechler, the Wolverine Poultry Co. developed a long and storied tradition of raising top quality turkeys. For years the country counted on Wolverine Poultry for special dinners, especially the annual Rose Bowl feast on New Year’s Day. Unfortunately, the glory days of Wolverine Poultry have passed. Under the leadership of lesser men, best practices were not applied and conditions at the farm deteriorated. In the early part of the decade, Wolverine Poultry lost several thousand turkeys to the Appalachian bird flu. In an effort to right the ship, Wolverine Poultry hired Brady Hoke as its new President and CEO. Shortly after accepting the position, Brady Hoke was faced with a difficult dilemma. Heisman Howard, one of Wolverine Poultry’s best farm hands, was diagnosed with cancer. Heisman exhausted his 12 weeks of FMLA leave and has asked Mr. Hoke for an additional four-month leave of absence to complete radiation treatment that hopefully will restore Heisman to health. During Heisman’s FMLA leave, Wolverine Poultry used temporary workers to cover his shifts. Wolverine Poultry maintains a “maximum leave” policy pursuant to which employment automatically will be terminated if the employee cannot return to work following a six-month absence. Mr. Hoke is reluctant to make any exceptions this early in his tenure with the Company, as he was hired to clean up the joint. In 500 words or less:
 identify the issue presented by this fact pattern
 identify the rule/test that a court would apply to this issue
 identify a case from the text addressing this issue
 provide an analysis of the relevant facts.
3. Urban Meyer is the President and CEO of Buckeye Bakery, a small company with its only location in Columbus, Ohio. Buckeye employs 40 full-time employees, including 35 bakers. In addition, at any given time, Buckeye retains 10-40 additional bakers from a local staffing agency. The temporary agency does not have management on site. Rather, all full-time and temporary bakers are managed by Luke Fickell. Luke holds all bakers accountable for compliance with Buckeye’s employment policies and quality standards. Temporary workers are paid by the hour. The only tools or equipment temporary workers are required to bring to Buckeye is their white chef’s hat and coat. Buckeye recently rehired Braxton Miller, a top-notch baker who left Buckeye after a two year career with the company for four months to make Twinkies at Hostess. When Hostess closed its doors, Buckeye welcomed Braxton back with open arms. Although Braxton has not been employed by Buckeye for 12 consecutive months, he has worked for Buckeye in excess of 1,250 hours in the past year. Less than two weeks after returning to Buckeye, Braxton suffered a serious concussion while playing touch football with his friends. According to Braxton’s physician, Braxton would have been incapacitated for a period of 2-3 weeks. Because he was only recently rehired, Braxton is not eligible for vacation. Because Buckeye does not employ 50 or more employees within any 75-mile radius, Buckeye does not have an FMLA policy. Not wanting to single out a star employee for special treatment, Mr. Meyer terminated Braxton’s employment for violation of the Company’s attendance policy. In 500 words or less:
 identify the issue presented by this fact pattern
 identify the rule/test that a court would apply to this issue
 identify a case from the text addressing this issue
 provide an analysis of the relevant facts.
4. Bo Pelini is the Manager of Cornhusker Kettle Korn (CKK), a sports themed retail store that sells . . . wait for it . . . kettle corn. CKK employs 20 people: 18 male employees (including Bo) and two female employees (Melissa and Kristine). Bo was a disciplinarian who ran an extremely tight ship, and the employees liked to blow off steam when Bo was not around. The employees, who were required to dress in wrestling leotards, routinely made lewd comments, snapped each other’s leotards and smacked each other on the butt (like athletes) after sales. Melissa frequently initiated the physical conduct and had the raunchiest mouth of all of the employees. On the other hand, Kristine, who was pure as the driven snow, did not take part in this conduct. Kristine consistently told Melissa and the others that she did not welcome their conduct. While the male employees respected Kristine’s requests, Melissa gave Kristine a double-dose of her lewd and boorish conduct. CKK had policies in place designed to prevent and to prohibit all forms of harassment, including sexual harassment. The policy directed employees to report alleged harassment to Bo. Kristine did not tell Bo about the conduct. Instead, she quit. Because of the difficult economic conditions, despite her efforts, in the 11 months since she quit, Kristine was unable to find another job. Without enough money to pay her rent, Kristine filed a lawsuit against CKK alleging sexual harassment in violation of Title VII.
 In 250 words or less, identify an absolute defense CKK has to Kristine’s claims.
 In 250 words or less, analyze whether Kristine can establish a prima facie case of harassment. Assuming Kristine could establish a prima facie case of harassment.
 In 250 words or less, analyze whether CKK can establish an affirmative defense to the alleged harassment.

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