substitute for paid staff - The payroll records over the past two years reveal that 13

volunteers substituted for paid staff and were themselves paid on at least one or more

occasions. One of the 13, Errol Maitland, was hired as a regular employee in October, 1995.

(see post-hearing submission from WBAI).

         The collective bargaining agreement reflects the sharp distinction between the regular 

employees and the volunteers.

         The following provisions of the agreement apply only to the paid staff and does not

apply to unpaid volunteers:

         Section 6 - Union Security: Requiring union membership as condition.of employment.

         Section 7 - Checkoff

         Section 12 - Hiring - Requiring posting; review by Applicant Review Committee, etc. No 
special consideration is given to unpaid staff applying for paid positions.   (Tr. 226).

         Section 13 - Probationary period

         Section 14 - Workweek

         Section 15 - Pay Rate Computation

         Section 16 - Layoffs

         Section 17 - Recall

         Section l8 - Discharge - While the language makes no distinction, subsection C
referring to severance pay and the section on progressive discipline relating to suspension
without pay plainly refers to paid staff.

         Section 20 - Vacations

         Section 21 - Holidays


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