F.   UNPAID STAFF shall consist of those persons who shall have filled an
         Unpaid or Paid WBAI Staff position for not less than four months, and who shall work
         for WBAI for at least ten hours per month or twenty hours over a two month period,
         including preparation and producing of programs and other station operations. Persons
         who work as marathon telephone volunteers do not qualify as Unpaid Staff.  Following
        discussions with the Program Director and the person he or she designates, producers
        will participate in on-air fundraising to balance out programming and fundraising
        requirement.  No Staff shall be considered Paid and Unpaid Staff simultaneously.

         G.   CONTRACT PERSONS/CONSULTANTS include persons who work for under six months at a
         specific temporary job, which shall always be posted for a minimum of three weeks,
         except in emergency to be agreed upon Manager and Shop Stewards and Union President.
         Contract workers are not to be used to replace eliminated Staff positions, not to be
         used to impinge on Staff functions, and not to be used to alleviate chronically
         understaffed jobs.  If Employer wants contract workers to continue past six months,
         she/he shall consult with Union to determine whether a permanent hire should take
         place.

(Ex. J-1A, Ex. U-4)(emphasis added).

         Although the Employer-Petitioner tries to confuse the issue by referring to unpaid

staff  as "volunteers," the collective bargaining agreement clearly differentiates between

these two groups and has since the first contract was signed.  Nonetheless, despite the

10 year bargaining  history, the company maintains that unpaid staff should be excluded

from the unit as "volunteers" because they are not "employees" under the Act.



IV.      UNPAID STAFF ARE "EMEPLOYEES" AS DEFINED BY THE ACT AND ARE
         APPROPRIATELY INCLUDED IN THE EXISTING UNIT

         Although the National Labor Relations Board (the "Board" herein) has faced the question

of whether an individual qualifies as an "employee" under the National Labor Relations Act (the 

"Act" herein), as amended, since the earliest application and interpretation of the Act, nowhere 

has it squarely addressed whether individuals, working as unpaid staff, are "employees"

under the


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