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         Unpaid staff is required by the contract to work a specified number of hours per month

or every two months, is supervised, directed, and controlled by the Employer. (Ex. J-1A; T,

p. 274, LL, 519; T., p. 186 L. 21 .- p. L. 188 L. 17) Clearly, under a common sense

interpretation of employee," unpaid staff would qualify.

         There is no question that WBAI control the manner in which unpaid staff perform their 

functions at the radio station.  Unpaid staff are required to attend mandatory meetings, fund 

raise, and, when on the board, record and file transmittal data required by the FCC. (T.,

p. 201, LL. 5202; Ex. J-1A). Moreover, unpaid staff are fully integrated into the life of the

station (T., p. 273, LL. 16-19) and, in fact, are relied upon for all progranuning from 8 P.M.

to 5 to 6 A-M. (T., p. 162 LL. 8-23).  Under Avis Rent-A-Car Systems, Inc., supra, unpaid staff

are clearly "employees."

         In Jones v. Goodson 121 F.2d 176 (10th Cir. 1941), the Tenth Circuit ruled that cab

drivers were employees of the taxicab company for purposes of social security tax 

liability.  In reaching this conclusion, the court reasoned that "the relationship of master and 

servant may be express or implied; it is not essential that the name of the servant be on the 

payroll of the master, there may be no compensation to the servant; or the compensation may be 

paid by a third person, not the master.  And the right of discharge is a factor strongly 

indicating that the relationship exists." Id., 121 F.2d at 179 (citations oniitted).  The court 

continued, "A reasonable measure of direction and control over method and means of performing

the service is a constituent element of the relationship of master and servant," although the 

direction and control need not related to every detail of the work.  Id., 121 F.2d at 180.


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