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         Here, WBAI has the right to cancel programs at will and to suspend or discharge unpaid

staff, essential factors in Jones v. Goodson, supra. (T., p. 186 L. 21 -- p. 188 L. 21)

Moreover, unpaid staff do receive compensation through child care benefits,

reimbursement for expenses, and payment for special projects or for substituting for paid

staff. (Ex. J-1A; T., p. 86 L.11 -- p. 87 L. 2; T., p. 298, LL. 3-7).

         Sinilarly, in Pennsylvania Casualty Co. v. Elkins, 70 F.Supp. 155 (D.C. Ky. 1947), the

court focused not on the payment for services, but instead on the control test.  The court


         The rule prevailing in Kentucky, as well as elsewhere, seems to be that while the
         obligation to pay compensation for service rendered is a proper element to be
         considered in determining whether the relationship of employer and employee
         exists, it is not essential.  The relationship of employer and employee is
         synonymous with that of master and servant.  'One volunteering services without
         an agreement for or an expectation of reward may be a servant of the one accepting
         such services.' Restatement, Agency, section 225.  The test as to the existence of the
         relationship is whether there is an understanding between the parties that one is to
         render personal service to or for the benefit of the other, and recognition by them
        of the right of one, the employer or master, to order and control the other, the
        employee or servant, in the performance of the work and to direct the manner and
        method of its performance.

Id., 70 F.Supp. at 158 (citations omitted).

         Applying the analysis in the above cited cases, under master-servant common law, the

unpaid staff at WBAI are clearly common law servants and, by extension, employees under the Act.

The amount of control supervision, discipline, and structure provided by WBAI management

establishes the common law existence of a master-servant relationship.


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