The Employer-Petitioner, contrary to the Union, in Case 2-UC-496 seeks to clarify the

Unit by excluding the business director.

         The Employer-Petitioner, contrary to the Union, in Case 2-UC-517 seeks to clarify the 

Unit by amending the Unit description to exclude approximately 200 'unpaid staff' which it

refers to as "unpaid volunteers" and to exclude "temporary employees,(4) guards and

supervisors"(5) as defined in the Act, as amended, from a Unit of approximately 228 employees.

         The Employer-Petitioner, contrary to the Union, in Case 2-UC-517 seeks to further

clarify the Unit by amending the Unit description to include "all paid programming, office,

clerical, and technical employees of radio station WBAI-FM (6) excluding unpaid volunteers,

temporary employees, guards and supervisors" as defined in the Act.  The Union, contrary to

the Employer-Petitioner, contends that the appropriate Unit is the historical bargaining Unit

which has been encompassed in successive collective bargaining agreements as all paid and

unpaid, full-time and part-time programming, technical, bookkeeping, and clerical workers of

WBAI Pacifica Foundation, excluding the manager, assistant manager, and program director.
______________________________________________________________
         (4)    The Employer-Petitioner presented no evidence in support of its request to
exclude temporary employees.  The Unit has historically included paid and unpaid, full and
part time employees, which includes paid and unpaid temporary and interim employees who meet
the definitions within the contract of full or part time workers.

         (5)    The Employer-Petitioner presented no evidence in support of its request to
exclude guards and supervisors, other than its contention that the business manager is a
confidential employee or alternatively a managerial employee.  The Unit has historically
reserved to management the right to create additional management positions, such as
business manager and development, which are exempt from the Unit provided they have
supervisory roles.  The contract language speaks for itself.

         (6)    The Employer-Petitioner presented no evidence in support of its request
to limit the Unit to WBAI-FM.  The Unit has historically included the Unit employees of
the EmployerPetitioner, WBAI Pacifica Foundation.


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