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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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