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F. UNPAID STAFF shall consist of those persons who shall have filled an
Unpaid or Paid WBAI Staff position for not less than four months, and who shall work
for WBAI for at least ten hours per month or twenty hours over a two month period,
including preparation and producing of programs and other station operations. Persons
who work as marathon telephone volunteers do not qualify as Unpaid Staff. Following
discussions with the Program Director and the person he or she designates, producers
will participate in on-air fundraising to balance out programming and fundraising
requirement. No Staff shall be considered Paid and Unpaid Staff simultaneously.
G. CONTRACT PERSONS/CONSULTANTS include persons who work for under six months at a
specific temporary job, which shall always be posted for a minimum of three weeks,
except in emergency to be agreed upon Manager and Shop Stewards and Union President.
Contract workers are not to be used to replace eliminated Staff positions, not to be
used to impinge on Staff functions, and not to be used to alleviate chronically
understaffed jobs. If Employer wants contract workers to continue past six months,
she/he shall consult with Union to determine whether a permanent hire should take
(Ex. J-1A, Ex. U-4)(emphasis added).
Although the Employer-Petitioner tries to confuse the issue by referring to unpaid
staff as "volunteers," the collective bargaining agreement clearly differentiates between
these two groups and has since the first contract was signed. Nonetheless, despite the
10 year bargaining history, the company maintains that unpaid staff should be excluded
from the unit as "volunteers" because they are not "employees" under the Act.
IV. UNPAID STAFF ARE "EMEPLOYEES" AS DEFINED BY THE ACT AND ARE
APPROPRIATELY INCLUDED IN THE EXISTING UNIT
Although the National Labor Relations Board (the "Board" herein) has faced the question
of whether an individual qualifies as an "employee" under the National Labor Relations Act (the
"Act" herein), as amended, since the earliest application and interpretation of the Act, nowhere
has it squarely addressed whether individuals, working as unpaid staff, are "employees"
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