U.S.C.A. § 152(3); Phelps Dodge Corp. v. N.L.R.B;. 313 U.S. 177 (1941), affirming as modified

19 NLRB 547 (1940).  The Act applies to job applicants, and to economic strikers who have not

obtained other equivalent work.  Id., 313 U.S. at 189, 197.  The Act also applies to

undocumented aliens who are working in the United States.  Sure, Tan Inc. v. N.L,R.B,. 467

U.S. 883 (1984) affirming, 234 NLRB 1187 (1978).  Confidential employees fall within the

definition of "employees." N.L.R.B, v. Hendricks County Rural Electric Corp. 454 U.S.

170,189-190 (1981) affirming, 247 NLRB 498 (1980).  By contrast, in Chemical Workers v.

Pittsburgh Plate Glass Co., 404 U.S. 157, 166 (1971) affirming, 427 F.2d 936 (1970), enforcement

denied, 177 NLRB 911 (1969), the Court held that retired persons are not "employees" because

they do not "work for another for hire." In its most recent decision interpreting this section

of the Act, the Court held that union organizers, like any other company employees, are

"employees" entitled to the protections of the Act.  Town & County 116 S.Ct. at 457.  These

inclusionary rules clearly demonstrate how broadly the Board and courts, interpret the term

"employee" in order to effectuate the purposes of the Act under the realities of present day

life.

         The Court's analysis in Sure-Tan Inc., supra, is especially relevant.  In supporting

the Board's decision that undocumented aliens are "employees" under the Act, the Court began

with the basic assumption that unless the category of worker is expressly excluded, "they

plainly come within the broad statutory definition of "employee." Sure-Tan Inc., 467 U.S.

at 892.  Moreover, the Court found extending the coverage of the Act consistent with the Act's

stated purpose to encourage and protect the collective bargaining process.  Id., 467 U.S. at

492.

         In the instant case, unpaid staff is not a category of worker expressly excluded from

the Act. Moreover,unpaid staff by definition work for the Employer-Petitioner. (Ex.J-1A, Section


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