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         In Cornhusker Television Corp., 117 NLRB 1065, 1068 (1957), the Board held that 
individuals who were paid for programs which were sold by the employer's sales department in the 
same manner as other shows were regular part-time employees.  The employees worked both off 
premises and at the television station.  Id. The employer paid for their production costs and 
collected from customers for their commercials.  Id. In addition, the employer dictated the 
content of their programs and specified the framework in which the employees must develop their 
ideas.  Id.

         Just as in Comhusker Television Corp., supra, at WBAI, unpaid staff work both off 
premises and at the television station. (T., p. 265 LL. 20-25).  WBAI pays for all production 
costs involving both paid and unpaid staff (T., p. 284 LL. 17-25) and collects subscription fees 
if another station picks up one of WBAI's regular programs developed and directed by both unpaid 
and paid staff. (T., p. 282 LL. 15-22). Moreover, WBAI through its program director, among
others, controls the content and format of all programs, whether staff working on them are paid
or unpaid. (T., p. 191 LL. 18-25)

         Similarly, in Neptune Broadcasting Co., 94 NLRB 1052 (1951), the Board ruled that

special program announcers or specialists were employees.  The specialists initiated and

put on their own programs which included news broadcasts, interviewing, and musical

entertainment, but received no salary from the employer.  Id.. 94 NLRB at 1054.  Instead,

their compensation was a "talent fee" which was based on the sale of their programs to a

sponsor.  Id. The Board concluded that the specialists were no less employees of the

station "because of the amount of or method of their compensation," but rather relied

on their integration into the totality of the employer's broadcasting business.  Id.

They were subject to the employers power of selection


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