Act.  Therefore, it is important to examine the methodology the Board and the courts of

appellate review employ to determine whether other individuals, not specificay excluded

by statute, are employees under the Act.

        A.       The Analytical Framework

         The U.S. Supreme Court's recent decision, N.L.R.B, v, Town & Country Electric, Inc.,

116 S.Ct. 450 (1995), aff'g Town & Country Electric, Inc., 309 NLRB 1250 (1992), is

illustrative.   There the Court upheld the Board's ruling that union organizers were "employees"

and were thus entitled to the protections afforded by the Act.  In supporting this holding, the

Court looked to the plain language of the Act, the legislative history of the Act,

previous Board and Court decisions, and the conunon law.  Applying this analysis to the instant

case results in the inexorable conclusion that the unpaid staff at WBAI are "employees" within

the meaning of the Act.

        B.       Applying this analysis to the instant case.

                 1.     The definition of an employee

                 The National Labor Relations Act, as amended, (the "Act" herein) defines an

employee as follows:

         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, and shaff include any individual whose work has ceased as a consequence
         of, or in connection with, any current labor dispute or because of any unfair labor
         practice, and who has not obtained any other regular and substantially equivalent
         employment, but shall not include any individual employed as an agricultural laborer,
         or in the domestic service of any family or person at his home, or any individual
         employed by his parent or spouse, 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, as



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