5. Summit Bancorp maintained a defined-benefit pension plan for salaried employees only. John Bauer, employed as a sales representative by Summit for some eighteen years on an hourly basis, sued at time of retirement, contending he was entitled to be included in the pension plan.

Reviewing the rules laid out in this chapter, do you think Bauer was right? See Bauer v. Summit Bancorp [325 F.3d 155 (3d Cir. 2002)].