prospective physician complete the one year internship to obtain licensure.  IL 223 NLRB at 

251-254.  Based on this detailed analysis, the Board concluded that the relationship between the 

hospital and the interns was that of teacher to student rather than master to servant, even

though the petitioners were paid for the services they performed. Id. 223 NLRB at 253-254.

         Again, unpaid staff are in a position radically different than that of the hospital 

interns in Cedar Sinai Medical Center.  Unpaid staff at WBAI are not involved in a long term 

educational process which culminates in professional licensure.  Rather, unpaid staff may be 

required to have a licence or to participate in specific training to continue working at WBAI. 

(T., p. 273 LL. 1-13; T., p. 295 LL. 23-25 -- p. 296 LL. 1-14) Contrary to the Employer's 

arguments, these cases clearly demonstrate that it is not compensation that determines whether

an individual is an "employee' under the Act, but the totality of the circumstances, with

control as an essential element.  Even under these cases, unpaid staff at WBAI Pacifica are

clearly "employees."

         The terminology of "unpaid staff" is misleading.  Moreover, the Employer ignores the 

amount of compensation and frequency with which unpaid staff are paid for performing special 

projects and substituting for paid staff.(12)  Because the Employer has not provided the Union 

with the invoices from June, 1994, through June, 1996, as requested by the Hearing Officer,

which would show the amount of compensation unpaid staff receive for special projects, the

Union can

______________________________________________________________

         12   General Manager Valerie van Isler listed the paid full time and part time
employees at WBAI as follows: Valerie van Isler, Samori Marksman, Lois Henry, Sybil Wong, Paul
Wunder, Max Schmidt, Mario Mufillo, Delphine Blue, Bernard White, Eutrice Leid, Jose Santiago,
David Sears, Allen Markman, Fred Comb, and Donna Nieman as full time; Bill Wells, Grayson
Challenger, Sidney Smith, Tom Wayland, Jesse Tease, Gary Helm, Paul Dubrenzo, Jesu Coue,
and Cassandra Perkins as half time; Sharran Harper as very part-time. (T., p. 45, LL. 1825).


                                           21

Previous Page ---------- Next Page