- 30 -
         In Transerv Systems.  Inc., 311 NLRB 766 (1993), the found a unit of bicycle messengers 

and drivers appropriate even though there were differences in skills and relatively few

transfers in classifications.  What was most significant was that all employees performed

the same functions, there was functional integration of and frequent contact between the

workers; both shared common terms and conditions of employment and common overall


         All of these factors are present here.  Paid and unpaid staff are used interchangeably

in virtual every aspect of programming. (T., p. 273 LL. 15-19; T, p. 183 LL. 1-12) The general 

manager stated that it was impossible to answer how frequently an unpaid staff person would

assist a staff person given the extent of programming, 24 hour of progranuning, 365 days a

year, but indicated that unpaid staff regularly are assigned stories and work with and under

the supervision of the news director to produce stories that become part of WBAI newscast.

(T., p. 122 L. 17 -- p. 123 L. 12) Moreover, WBAI has a highly centralized organizational

structure with paid and unpaid staff reporting to department directors, who in turn report

to the development or program directors or to the general manager.

(Ex.  E-1; T., p. 33 L. I - p. 42 L. 23)

         C.   Similarity of working conditions and interchangeability of employees

         Simflarly, in Phoenician, 308 NLRB 826 (1992), the Board found a unit of landscaping

and golf course maintenance employees appropriate because their skills were similar and

there was a high degree of job overlap.  Here, both unpaid and paid staff work at the same

locations, on and off site, and share the same equipment, are required to be licensed if

they perform certain tasks, and carry the same press credentials. (T., P. 183, LL 5-9;

T, p. 198 L. 13 - p. 199 L. 15; T, p. 209, LL. 5-25) There is virtually no difference between

the skills of paid and unpaid staff.


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