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defined in the Act, as amended, and to include only "all paid programming, office, clerical,
and technical employees of radio station WBAI-FM."
On June 14, the Regional Director issued an Order Consolidating Cases and Notice of
Hearing scheduling these matters for a representation hearing on July 24. On July 15, the
Union filed an unfair labor practice charge in Case 2-CA-29563 alleging that WBAI failed
and refused to bargain by refusing to meet at reasonable times and confer in good faith
and by refusing to negotiate any provision of a successor agreement for over ninety percent
(90%) of the Unit. On July 16, the Union filed a first amended charge correcting the
addresses of WBAI and UE Local 404.
On July 24, 1996, at the commencement of the hearing, the Employer-Petitioner
amended the petition in Case No. 2-UC-496 to seek to clarify out of the Unit only the
business director.(3) Also, at the hearing, the Union filed a Motion to Dismiss Petitions
and a Motion Requesting Regional Director to Rule on Blocking Nature of Pending Unfair Labor
Practice Charges. (Ex. U-1) The Union renew this motion.
At the close of the hearing, the Hearing Officer ordered the record to be kept open
until August 1 pending the receipt of the following documents from WBAI: a revised list of
current unpaid staff, payroll records for the past two years, all existing job descriptions,
and purchase orders, receipts of work done and assignments to reflect payment received for
unpaid staff for special projects. (T., pp.70, 89, 167, 171, 307-308).
(3) For purposes of the hearing, the bookkeeper and the business manager are
the same position. (T., p. 17 LL. 8-17). Note that all references to the hearing
transcript will be cited as (T., p._ L._). Exhibits will be cited as follows:
Joint Exhibits as "Ex. J-1_;" the Employer's Exhibits as " Ex. E-_;" and the
Union's Exhibits as "Ex. U-_."
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