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                                      STATEMENT OF THE CASE

         The Petitioner, Pacifica Foundation WBAI, is a not-for-profit corporation, a subsidiary 

of the Pacifica Foundation, engaged in operating a noncommercial FM radio station with offices

in New York City and transmitting to New York, Connecticut and New Jersey. (Tr. 7)(1)

         It accepts no advertising and is supported by listener contributions.

         The station employs approximately 28 employees and uses some 205 volunteers, who 

contribute their time and efforts for no compensation, during each week of programming.(2)

         The Employer voluntarily recognized the Union, Local 404 UE, in 1987 for a unit that 

included both paid employees and unpaid volunteers.  They entered into collective bargaining 

agreements that continued to recognize that unit up to the most recent agreement which expired 

March 31, 1996. (Jt.Ex. 1, 1A, 1B; Tr. 10, 13).

         In the negotiations for the agreement succeeding the expired collective bargaining 

agreement WBAI sought to exclude unpaid volunteers from the unit because they were not

employees.  The Union resisted the request and WBAI filed the petition herein (2-UC-517) to

clarify the unit to exclude the unpaid volunteers from the unit. (The Bargaining the successor

agreement was

         1 References to the transcript are designated "Tr. __."

         2 "Volunteers" refer to those who perform services for WBAI for no remuneration.
"Unpaid staff" are volunteers whose hours are sufficient to include them in the collective
bargaining unit by its terms.  (Jt.Ex. 1).

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