- 23 -
within a year, received over $13,000.00 from 1/15/96 through 6/30/96. Unpaid staff Thomas
Shine (Brother Shine) is not listed as doing substitute work, but received $2371.50 for the two
week pay period ending 5/31/96; $449.50 for the two week period ending 2/15/96; and $1756.59 for
the two week pay period ending 1/31/96. Unpaid staff Ulysses Good was paid during eight (8) of
the twelve (12) two-week pay period from 1/15/96 through 6/30/96 for a total of $1914.03. Rudy
Garrison, another unpaid staff, was paid for each of the twelve (12) two-week pay periods from
1/15/96 through 6/30/96 for a total of $1938.65. None of the records list rate of pay or hours
worked or jobs performed.
Testimony by paid and unpaid staff at WBAI substantiates the frequency with which
employees move between paid and unpaid positions. Some unpaid staff are promoted into paid
staff positions. For example, the general manager first worked as unpaid staff at the station
beginning in 1977/1978 before she was promoted in her current position, as did the program
director. (T., p. 108 LL.22-25 -- p. 109 LL. 1-11) Sometimes unpaid staff fill in for directors
on a short term basis, as for example, the time when unpaid staff Matthew Finch substituted
for the public affairs director. (T., p. 109 LL. 12 -- p. 110 LL. 1-14) Brother Shine has filled
in for at least three different paid engineers, one paid producer, and has worked as the
coordinator of volunteers during marathon fundraising week. (T., p. 295 LL. 10 - 22; p. 297
L.5 -- p. 299 L. 12) While the general manager also testified that unpaid staff substitute for
paid staff on a regular basis, she was unable to say when and how often this happens.
(T., p. 121 L. 21 - p. 122 L. 16) In total, the testimony and records indicate that unpaid
staff are frequently paid for their work. Under these facts, unpaid staff are "employees"
under the Act, even if the mode of compensation is a factor.
Previous Page ---------- Next Page
Up to the briefs page.