staff show at any time. The unpaid staff is also subject to disciplinary procedures The Employer can issue written warnings, suspend and discharge the unpaid employees.

Moreover, the language of Section 2(3) of the Act does not expressly exclude these individuals. Nor is there case law that suggests that the unpaid staff are not "employees." Thus, based on the work the unpaid staff provides the Employer and the employment control the Employer has over the work and individuals, I find that the unpaid staff are employees within the meaning of the Act.

I further find no merit to the Employer's assertion that the unpaid staff are not employees because they do not receive compensation for their services. Monetary compensation does not appear to be an indicium of an "employee." While it is true that most employees receive some type of monetary compensation for their work, it does not mean that the definition of "employee" applies only to individuals who receive wages. On the contrary, as mentioned above, the Board and Court apply an expansive view of the definition. Therefore, the Board would engage in a narrow and restrictive view of the term if it were to require the receipt of wages as a criteria to being an "employee." In fact, the Board and Court have already concluded that "applicants" are statutory employees. Phelps Dodge Corn. v. NLRB 313 U.S. at 185-186. Since applicants do not receive wages from an employer, it is reasonable to conclude that continued on next page


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