II

                               THERE IS NO COMMUNITY OF INTEREST
                               BETWEEN THE UNPAID VOLUNTEERS AND
                               PAID EMPLOYEES AT WBAI

         Under well-settled Board determinations, the facts make clear that there is no

community of interest between the two groups.  The paid employees work for wages, have regular

hours during which they perform specified work.  They are subject to regular supervision,

receive medical benefits, sick leave, vacation, workers' compensation, as provided by the

collective bargaining agreement and state and federal employment law.  By contrast the

volunteers determine their own commitment to the Station, work the hours they feel they are

willing to commit and perform the work they select.  Their interest is not in earning a

livelihood but in advancing the interest of the Station or particular programs or projects.

Their "supervision" consists of getting approval for air time of a particular program, and

keeping their program interesting and meeting FCC regulations.  The collective bargaining

agreement reflects their disparate interests.  Only the paid employees are subject to the union

security clause, compulsory union dues, checkoff, the hiring procedures, fringe benefits.

         Yet, the union committee negotiating the agreement is comprised of both groups and the 

ratification of the agreement is done by vote of the combined groups where the unpaid volunteers 

outnumber the paid stalff by some 205 to 25!  While both groups



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