- 16 -
2; Ex. E-2; Ex. E4 ) and are listed without differentiating them from paid staff as WBAI
Producers. (Ex. U-2, pp. 12-20, 22; Ex. E-2; Ex. E-4) In return, unpaid staff receive training
and develop technical skills (T., p. 295 L. 25 -- p. 296 L. 23 ), become licensed under F.C.C.
regulations to operate the "board" (T., p. 275 LL. 6-9), become known to countless listeners
throughout the metropolitan New York area and, in some cases, the United States, as professional
broadcasters (T., p. 280 LL. 4-23 ), are paid the child care benefit (T,, p. 107, LL 15-21; Ex.
J1 -A), and receive reimbursement for expenses (T., p. 107, LL. 22-25; Ex. J1-A). Given the
interrelationship between paid workers and unpaid workers (T., p. 183 LL. 1-12), the quality and
quantity of work performed by unpaid workers (T., p. 297 LL. 1-15), and their complete
integration in the life of the radio station (T., p. 273 LL. 15-19), it would be entirely
consistent with the purposes of the Act to include unpaid staff as "employees." In
fact, it would be anomalous to refuse these workers the right to organize for mutual
aid without employer interference.
3 . Board and Court Precedent
The Supreme Court has consistently upheld Board decisions which interpret the term
"employee" broadly to effectuate the purposes of the Act, even though some of these workers
might arguably be excluded from a particular bargaining unit. See, for example, Phelps Dodge
Corp. v. N.L.R.B., supra; Sure-Tan, Inc. v. NLRB, discussed supra at p._____; N.L.R.B. v.
Town & Country, supra, N.L.R.B. v. Hendricks County Rural Electric Corp., supra. In so doing
the Court has repeatedly held that determining the "contours of the term 'employee' properly
belongs to the Board." Town & Country Electric, Inc., 309 NLRB 1250, 1255 (1992), citing,
Chemical Workers v. Pittsburgh Plate Glass, 404 U.S. at 167.
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