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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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