- 31 -
(T., p. 213 L. 6 -- p. 214 L. 6) In fact, unpaid aff are frequently called upon to substitute
for paid staff on leave. (T., p. 145 L. 8 - p. 146 L. 2) Therefore, because there no functional 
differences or differences in skill between paid and unpaid staff at WBAI, paid and unpaid staff 
should remain in a single bargaining unit.

         D.     Differences in method of compensation and benefits

         The Board has consistently refused to consider differences in benefits or the method of 
pay as determinative of the scope of an appropriate unit.(16) Minneapolis-Honeywell Regulator
Co., 115 NLRB 344, 346 (1956).  Rather, the Board looks to functions, locations, and supervision
to resolve unit quesfions.  Id., 115 NLRB at 345-346.  In circumstances such as ours, where
there are no differences in any of these factors relative to paid and unpaid staff, the
differences in compensation and benefits which arise from historical or administrative
reasons certainly are not determinative.  Swift & Company, 101 NLRB 33, 3 5 (1952).  FACTS

         E.     There is sufficient conununity of interest

         Just as in Gustave Fisher, Inc., 256 NLRB 1069 (1991),

         [t]he record shows a highly integrated operation with a substantial degree of
interaction among the various classifications of employees, where the emphasis appears to be
placed upon completing the task at hand, rather than upon the particular classification of the
employee involved.  It is also clear that the employees herein exhibit a high degree of
flexibility in perfomiance of their duties.  This flexibility is underscored by the use of
employees 'as needed' as well as by the Employer's mode of promotion, which involves
movement of an employee through a progression of classifications.


         16   Under the existing collective bargaining agreement both paid and unpaid staff
receive the child care benefit and compensation for expenses.  However, only paid staff
are eligible for health care, vacation, holidays, etc. (Ex. E-1A, Ex. E-1B)


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