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February 06, 2012
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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 Wisconsin and nationwide:

Law Day, U.S.A., 2006
This year's Law Day theme, "Liberty Under Law: Separate Branches, Balanced Powers," honors the wisdom of the separation of powers that the Framers ...
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Major Expansion Of Dwi - Drug Courts Recommended
There are 31 drug courts in 18 of New Mexico's counties. They operate in District, Metropolitan and Magistrate Court levels. The recommendation is ...
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Study Shows Progress of Women and People of Color Among Legal Professionals
WASHINGTON - A new study by the U.S. Equal Employment Opportunity Commission (EEOC) entitled "Diversity in Law Firms" reveals that women now compri...
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Injury Terms

 


Today's Terms

Ambulatory Surgery

Definition:
Ambulatory surgery refers to previously scheduled surgical and nonsurgical procedures performed on an outpatient basis in a hospital or freestanding ambulatory surgery center's general or main operating rooms

Low back pain

Definition:
Common causes of low back pain include lumbar strain, nerve irritation, lumbar radiculopathy, bony encroachment, and conditions of the bone and joints.

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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Wisconsin 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:

  • Appleton
  • Beloit
  • Burlington
  • Chippewa Falls
  • De Pere
  • Eau Claire
  • Fond Du Lac
  • Franklin
  • Green Bay
  • Janesville
  • Kenosha
  • La Crosse
  • Madison
  • Manitowoc
  • Marshfield
  • Menomonee Falls
  • Milwaukee
  • Neenah
  • New Berlin
  • Oak Creek
  • Oconomowoc
  • Oshkosh
  • Racine
  • Sheboygan
  • Stevens Point
  • Sun Prairie
  • Superior
  • Waukesha
  • Wausau
  • West Bend
  • Wisconsin Rapids
 


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