Supreme Court found that the Board's construction of the word "employee" was Iawful and that paid union organizers were employees within the meaning of the Act.

Upon examination of the above-cited cases, I have concluded that the definition of "employee" includes the unpaid staff employed by the Employer. Therefore, the unpaid staff should remain in the bargaining unit. First, the Board's and Court's interpretation of the word "employee" is broad and thus, in my opinion, unpaid staff falls within the literal meaning of that word. Common sense suggests that as the unpaid staff goes about their tasks and is subject to the control of the Employer, they are employees within the meaning of the Act. Town & Countrv Electric. supra.

The record evidence clearly shows that the unpaid staff are individuals who work for the Employer. They provide an essential service for the Employer by producing the majority of programs aired on the radio station. In fact, the Employer could not exist without the services and work performed by the unpaid staff.

In addition, the unpaid staff goes about a variety of ordinary tasks in order to produce a program. Town & Countrv Electric. supra. at 2901. They interview people, operate equipment, cut tapes, and discuss programming ideas with the Program Director. The unpaid staff are also subject to the control of the Employer. Id. Their programs are approved by the Program Director with regard to content and broadcast time. The Program Director can preempt an unpaid continued on next page


Back to previous page Previous page-----Back to the Contract negotiations page Back to the Contract negotiations page-----Next page Next page