3. How should the NLRB rule? Give your reasons. DCP manufactures data collection products. The chief operational officer is Barry Marks. Larry Leiner is one of 23 employees located in two buildings and was hired in April 2005 as a ‘‘software engineer’’ who prepared computer programs.

On December 1, Marks sent a message to all employees by e-mail about ‘‘proposed plans’’ for an incentive-based bonus system (as to which employees were told to ‘‘reply with your comments or stop by to see me. A response to this is required.’’) and changes in vacation policy

(‘‘Your comments are welcome, but not required’’).

The incorporated memorandum on the proposed vacation policy changes stated,

‘‘Please give me your comments (send me an e-mail or stop in and talk to me) by Tuesday, 12/5.’’ The suggested policy changes were to close the offices on December 23 and reopen on January 2 and to adjust the number of paid days off over a five-year period, the effect of which Marks asserted, was that the employees ‘‘actually get more days off each year, compared to our present system.’’