within a year, received over $13,000.00 from 1/15/96 through 6/30/96.  Unpaid staff Thomas

Shine (Brother Shine) is not listed as doing substitute work, but received $2371.50 for the two 

week pay period ending 5/31/96; $449.50 for the two week period ending 2/15/96; and $1756.59 for 

the two week pay period ending 1/31/96.  Unpaid staff Ulysses Good was paid during eight (8) of 

the twelve (12) two-week pay period from 1/15/96 through 6/30/96 for a total of $1914.03. Rudy

Garrison, another unpaid staff, was paid for each of the twelve (12) two-week pay periods from

1/15/96 through 6/30/96 for a total of $1938.65. None of the records list rate of pay or hours 

worked or jobs performed.

         Testimony by paid and unpaid staff at WBAI substantiates the frequency with which

employees move between paid and unpaid positions.  Some unpaid staff are promoted into paid

staff positions.  For example, the general manager first worked as unpaid staff at the station

beginning in 1977/1978 before she was promoted in her current position, as did the program

director. (T., p. 108 LL.22-25 -- p. 109 LL. 1-11) Sometimes unpaid staff fill in for directors

on a short term basis, as for example, the time when unpaid staff Matthew Finch substituted

for the public affairs director. (T., p. 109 LL. 12 -- p. 110 LL. 1-14) Brother Shine has filled

in for at least three different paid engineers, one paid producer, and has worked as the

coordinator of volunteers during marathon fundraising week. (T., p. 295 LL. 10 - 22; p. 297

L.5 -- p. 299 L. 12) While the general manager also testified that unpaid staff substitute for

paid staff on a regular basis, she was unable to say when and how often this happens.

(T., p. 121 L. 21 - p. 122 L. 16) In total, the testimony and records indicate that unpaid

staff are frequently paid for their work.  Under these facts, unpaid staff are "employees"

under the Act, even if the mode of compensation is a factor.



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