NLRB Ruling page 8

In addition, the unpaid and paid staff receive the same supervision. As mentioned above, the Program Director approves the content and broadcast time for all unpaid and paid staff programs. The unpaid staff and the paid staff are also subject to similar disciplinary procedures. The Employer can issue written warnings, suspend and discharge the unpaid and paid staff.

Furthermore, some of the provisions in the Union's collective-bargaining agreement applies to both the unpaid and paid staff. Section IX of the contract permits the unpaid and paid staff to file and process grievances to arbitration. The unpaid staff also receives contract wages when it substitutes for a paid staff. The contract also requires that the paid staff and the unpaid staff to attend General Manager meetings, department meetings and meetings to organize events. Under the contract, the unpaid staff receive travel reimbursement, and child care allowance. The unpaid staff does not receive wages for producing their programs.

The relevant statutory language concerning Section 2(3) is:

------------------"The term 'employee' shall include any employee
------------------and shall not be limited to the employees of a particular
------------------employer, unless this subchapter explicitly states
------------------otherwise...but shall not include any individual employed
------------------as an agricultural laborer, or in the domestic service of any
------------------family or any individual having the status of an
------------------independent contractor, or any individual employed as a
------------------supervisor or any individual employed by an employer
------------------subject to the Railway labor Act..."

29 U.S.C. 152(3)

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