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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?
Falls at a construction site may not be your fault
The most common accident at construction sites is falls, either on the same level or from height. More fatalities occur from falls than any other construction activity.
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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 ... Read more >
Definition:
Neck pain can come from disorders and diseases of any structure in the neck. There are seven vertebrae that are the bony building blocks of the spine in the neck (the cervical vertebrae) that surround the spinal cord and canal.
Compensation
Definition:
Compensation is defined as a recompense for loss. If you suffer an injury, either physical or psychological as the result of an accident that was not your fault, then you may be able to claim a financial award to cover any loss of income, the cost of medical bills, or any other costs that you have incurred as a result of the injury or accident that you would not normally have incurred.
Liable
Definition:
Legally responsible. For example, a person may be liable for a debt, liable for an accident due to careless behavior, liable for failing do something required by a contract or liable for the commission of a crime.
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