2; Ex.  E-2; Ex.  E4 ) and are listed without differentiating them from paid staff as WBAI 

Producers.  (Ex.  U-2, pp. 12-20, 22; Ex. E-2; Ex. E-4) In return, unpaid staff receive training 

and develop technical skills (T., p. 295 L. 25 -- p. 296 L. 23 ), become licensed under F.C.C. 

regulations to operate the "board" (T., p. 275 LL. 6-9), become known to countless listeners 

throughout the metropolitan New York area and, in some cases, the United States, as professional 

broadcasters (T., p. 280 LL. 4-23 ), are paid the child care benefit (T,, p. 107, LL 15-21; Ex.

J1 -A), and receive reimbursement for expenses (T., p. 107, LL. 22-25; Ex.  J1-A).  Given the 

interrelationship between paid workers and unpaid workers (T., p. 183 LL. 1-12), the quality and 

quantity of work performed by unpaid workers (T., p. 297 LL. 1-15), and their complete

integration in the life of the radio station (T., p. 273 LL. 15-19), it would be entirely

consistent with the purposes of the Act to include unpaid staff as "employees." In

fact, it would be anomalous to refuse these workers the right to organize for mutual

aid without employer interference.

         3 .    Board and Court Precedent

         The Supreme Court has consistently upheld Board decisions which interpret the term 

"employee" broadly to effectuate the purposes of the Act, even though some of these workers

might arguably be excluded from a particular bargaining unit.  See, for example, Phelps Dodge

Corp. v. N.L.R.B., supra; Sure-Tan, Inc. v. NLRB, discussed supra at p._____; N.L.R.B. v.

Town & Country, supra, N.L.R.B. v. Hendricks County Rural Electric Corp., supra.  In so doing

the Court has repeatedly held that determining the "contours of the term 'employee' properly

belongs to the Board." Town & Country Electric, Inc., 309 NLRB 1250, 1255 (1992), citing,

Chemical Workers v. Pittsburgh Plate Glass, 404 U.S. at 167.


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