The legislative history of section 13(b)(9) makes it clear that the
exemption is specifically limited to employees employed in the specified
occupations (S. Rept. 145, 87th Cong. 1st sess., p. 37). To be exempt,
therefore, an employee must be employed in the named occupations of
announcer, a news editor, or a chief engineer. In applying this test to
an employee, his title or job description is not determinative. His
aggregate duties, as evidenced by the work which he actually performs in
his everyday activities, determines the nature of his occupation. The
employee's duties, taken as a whole, must characterize the occupation of
the employee as that of announcer, news editor, or chief engineer, if
the statutory requirement that he be ``employed as'' such an employee is
to be satisfied (see Walling v. Haden, 153 F. 2d 196, cert. denied 328
U.S. 866). This exemption does not apply to employees who are employed
in occupations other than those of announcer, news editor, or chief
engineer.
