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the Employer; vacation of up to five (5) weeks; 12 sick days and an additional 18 days for
serious illness or injury. Half-time and part-time employees receive sick leave, vacation and
holidays. They do not receive health benefits.
In contrast, there are some 205 volunteers who receive no compensation of any kind who
are producer-hosts of on-air programs or answer telephones or open mail or provide clerical
assistance. (Er.Ex. 4). They get no benefits, sick leave, vacation or medical coverage. No
workers' compensation or unemployment insurance is paid on their behalf because they are not
employees of the station. (Tr. 48).
Their hours are based upon the time they are willing to put in - ranging from helping
out sporadically on various fund drives, to an hour a week, to spending 80 to 100 hours per
week because, as Thomas Shine, a volunteer testified, "I made a commitment to the station
not to arybody particularly . . . (Tr. 297). His hours were determined by himself. Thus, he
testified that he got to the station. "any place between 12:00 PM and 3:00 PM" and left
"usually after 1:00 AM" and he was at the station seven days a week. (Tr. 305)
The station's paid staff is clearly separate and distinct from the unpaid volunteers
and when they are out on vacation or leave or absent, their replacements are paid. (Tr. 74, 75).
The decision to have a paid substitute for an absent paid staff member is made by the
department director and approved by the Station Manager. On occasion volunteers will
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