1.----- The Hearing Officer's rulings are free from prejudicial error and hereby areaffirmed.

2. ----- Pacifica Foundation WBAI, herein the Employer, a not for profit corporation,incorporated in the State of California, with offices located at 505 8th Avenue, NewYork, N.Y. is engaged in the operation and broadcast of a noncommercial FM radiostation in New York, New Jersey and Connecticut. Annually, the Employer, inconducting its business operations, derives gross revenues in excess of $2 million anduses Associated Press wire services to produce its newscast. I find that the Employer isengaged in commerce within the meaning of the Act, and it will effectuate the purposesof the Act to assert jurisdiction herein.

3.----- United Electrical, Radio & Machine Workers of America and its Local 404,herein the Union, is a labor organization within the meaning of Section 2(5) of the Act.(2)

4.----- Clarification of the bargaining unit is appropriate for the reasons set forthbelow.

5.----- The Employer originally filed its clarification petition, Case No. 2-UC-496,on November 1, 1995 seeking clarification of the unit represented by the Union.Thereafter, on May 3,1996, the Employer filed another clarification petition. in Case No.2-UC-517. On June 14, 1996, the Board issued an Order continued on next page


2. ----- The petition was amended to reflect the Union's correct name.


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