- 14 -
months and are supervised, directed, disciplined and controlled by the Employer-Petitioner. (Ex. 

J-1A; T, p. 274, LL. 5-19; T., p. 186 L. 21 -- p. L. 188 L. 17) Clearly, under a common sense

interpretation of "employee," unpaid staff would qualify.  By contrast, a "volunteer" is defined 


         a person who give his services without any express or implied promise of remuneration.
         One who intrudes himself into a matter which does not concern him or one who pays the
         debt of another without request, when he is not legally or morally bound to do so, and
         when he has no interest to protect in making such payments.  Law of master servant.
         The term "volunteer" includes one who, without the assent of the master and without
         justification arising from a legitimate personal interest,  unnecessarily assists a
         servant in the performance of the master's business.

Black's Law Dictionary 1576 (6th ed. 1990).  Clearly, this definition is not applicable to

unpaid staff in the instant case.  WBAI requires unpaid staff to assist paid staff and

work under the direction and control of management. (Ex.  J-1A; T, p. 274, LL. 5-19; T., p. 186

L. 21 -- T, p. L. 188 L. 17) Unpaid staff are required to attend certain meetings as a condition

of employment and participate in fundraising efforts. (Ex.J1-A; T.,p. 268 L.10-p. 269 L.25)

This is not true of volunteers, who in turn, perform only short term tasks and receive no

benefits. (Ex.  J1-A; T., p. 254, LL. 19-21; T., p. 164 LL. 5-17) Therefore, under any of the

above definitions, unpaid staff would be defined as "employees" and entitled to the

protection of the Act.

         2.      Legislative History

         Congress clearly intended the term "employee" to enjoy a broad reading, unless the

individual falls under one of the specific exclusions, not relevant here, written into the 

statute. Town & Country 116 S.Ct. at 454; Town & Country Electric, 309 NLRB 1250,1253 (1992).

In reviewing the legislative history of the NLRA, "[i]t is fairly easy to find statements to the 

effect that an 'employee' simply means someone who works for another for hire." Town &

Country.  116 S.Ct. at 454, citing, H.R. Rep. No. 245, 80th Cong., 1st Sess., 18 (1947).

Further, employee


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