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July 20, 2010
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Ruling On Respondent's Motion To Dismiss

On July 15, 1975 the United File Room Clerks, Messengers, and Library Personnel of Foley, Hoag & Eliot (herein Petitioner) filed a petition for certification of representative pursuant to Massachusetts G.L. c.150A, §5 for a unit of file-room clerks, messengers, and library personnel employed by Foley, Hoag & Eliot (herein Respondent). Respondent filed a Motion To Dismiss for Lack of Jurisdiction on September 9, 1975. Subsequently, Petitioner and Respondent filed excellent memoranda concerning the question of the Labor Relations Commission's (herein Commission) jurisdiction in this matter.

On the basis of these memoranda and the affidavit of Laurance S. Fordham we accept for purposes of determining the jurisdictional issue Respondent's statements that it is a law firm which employs approximately one-hundred fifty (150) employees. Sixty (60) of Respondent's employees are attorneys and approximately eighty-five per cent (85%) of its business is providing Iegal services to employers who are subject to the National Labor Relations Act (hereinafter "NLRA" or "Federal Act"). Furthermore, ten to fifteen per cent of Respondent's legal services consists of labor relations advice to employers subject to the NLRA. Finally, we accept Petitioner's claim and we find that it is a labor organization within the meaning of G.L. c.150A, §2(5) . For the reasons set forth herein, we deny the Respondent's Motion To Dismiss and set the matter down for a hearing at 10 o'clock A.M. on February 5, 1976 for the purposes of determining the appropriateness of the unit sought in the petition.[

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Did You Know?    
 
 
There are safety regulations that are intended to help prevent trucking accidents from occurring
Violations of safety recommendations greatly increase the risk of trucking accidents. Truck drivers must assume responsibility to take all measures to avoid trucking accidents and putting other drivers on the road in risk of becoming injured because of a trucking accident.

 


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Latest news about injury cases in Nevada and nationwide:

Law Day, U.S.A., 2006
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Racial Discrimination Damages Of $120,000
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In this Title VII suit, the Chicago District Office alleged that a white supervisor at the...

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Proof Beyond A Reasonable Doubt
(1) Every person charged with the commission of a crime is presumed innocent unless proved guilty. No person may be convicted of a...
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Injury Terms

 


Today's Terms

Wrongful Death

Definition:
Wrongful Death is defined as the death of an individual as a direct result of the negligence of another individual, company, or entity.

Medical Malpractice

Definition:
Medical malpractice is the failure of medical professionals to provide adequate treatment resulting in a personal injury or substantial loss of income.

Occupational Disease

Definition:
An illness resulting from long-term employment in a particular type of work, such as mesothelioma (a type of cancer) from workers exposed to asbestos.

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Personal Injury Resources

 


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Personal Injury Hot Topics

 
Topics Related to Personal Injury:

  • Workplace Accidents
  • Head, Back, Spinal Cord Injuries
  • Slip and Fall Injuries
  • Defamation
  • Animal Bites

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Nevada Personal-Injury Attorney

 
If you live in the following cities and need an Personal-Injury attorney you should contact our Personal-Injury Personal Injury Attorney as soon as possible:

  • Boulder City
  • Carson City
  • Elko
  • Fallon
  • Gardnerville
  • Henderson
  • Las Vegas
  • North Las Vegas
  • Pahrump
  • Reno
  • Sparks
  • Sun Valley
  • Winnemucca
 


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