The record evidence shows that the Employer hires unpaid and paid staff to produce the programs it broadcasts on its radio station. The Employer operates a 24 hour a day radio station, 365 days a year. The record further shows that the unpaid staff produce a majority of the Employer's programs. Each program is approximately 3 hours long.

To produce a program the unpaid staff engages in a variety of tasks. First, the unpaid staff discusses the content and time of a program with the Employer Program Director. The Program Director has the authority to preempt a show and to shape the format of the program. The unpaid staff must also prepare for the program. This may involve doing research, reading books and other materials and interviewing people. In addition, the unpaid staff operates equipment, cuts tapes, maintains records including the transmittal logs.

The unpaid staff also interacts with the paid staff. The unpaid staff may assist a paid staff in the production of a program. The unpaid staff may also substitute for a paid staff and receive wages for doing this work. Both the unpaid and paid staff must also participate in the Employer's fundraising campaigns. To do this, the paid and unpaid staff discuss with the Program Director various ideas on how to generate more revenue from their programs. The paid and unpaid staff also attend the same meetings. They are required to attend the General Manager meetings, Program Director general meetings, department meetings and meetings to organize special events.

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