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published six times a year. (T., p. 42 LL. 10-18) Both the folio editor and the chief engineer
are paid bargaining unit members. (T., p. 42 LL. 10-18; T., p. 40 LL. 8-15).
The approximately 25 paid and 200 unpaid staff work together in each of these
departments and interact frequently. (T., p. 100 L. 7 - p. 104 L. 6) For example, both paid
and unpaid staff are program producers (T., p. 74, LL. 17-18; T., p. 257, L. 19). To produce
a particular radio program, paid and unpaid staff work together doing a variety of jobs
interviewing people, cutting the tape, operating equipment, suggesting ideas for developing
the program. (T., p. 183 LL. 1-12). Virtually every function involved with a radio program
could be and frequently is done both by paid and unpaid staff. (T., p. 183 LL. 10- 13)
The parties have a history of collective bargaining since 1986 which is embodied in
successive-collective bargaining agreements with the most recent being effective by its terms
from July 20, 1995 until March 31, 1996, and has been continued to date on month to month
extensions by mutual agreement of the parties.
The bargaining unit of these paid and unpaid staff is not a new unit. Nearly ten
years ago, in May, 1987, the UE and WBAI signed their first contract following the voluntary
recognition of the Union by the Employer. (T., p. 10 LL.3-14; Ex. U-4) The Recognition clause
in the first and all subsequent collective bargaining agreements reads in relevant part as
SECTION 1: RECOGNITION
A The Employer recognizes the UE as the sole exclusive bargaining agent for all paid
and unpaid, full time or part time, programming, technical bookkeeping, and clerical
workers, excluding the Manager, Assistant Manager, and Program Director for the
purposes of collectively bargaining in respect to wages, hours of employment, and all
other conditions of employment.
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