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August 24, 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 four general types of slip and fall accidents
Trip-and-fall accidents, where there is a foreign object in the walking path. Stump-and-fall accidents, where there is an impediment in the walking surface. Step-and-fall accidents, where there is an unexpected failure or hole in the walking surface Slip-and-fall accidents, in which the interface of the shoe and the floor fails Both the property owner as well as the injured person can be held to varying degrees of responsibility for an injury.

 


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Latest news about injury cases in DC and nationwide:

KPMG to Pay $456 Million for Criminal Violations
IR-2005-83, Aug. 29, 2005

WASHINGTON — KPMG LLP (KPMG) has admitted to criminal wrongdoing and agreed to pay $456 million in fines, restitu...

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Committee To Present Adams Pro Bono Publico Awards
In recognition of outstanding commitment in providing volunteer legal services for the poor and disadvantaged in Massachusetts, Supreme Judicial Co...
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New members to the Committee on Professional Standards
Presiding Justice Anthony V. Cardona of the Supreme Court, Appellate Division, Third Judicial Department, recently announced the appointment of thr...
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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

Compensatory damages

Definition:
Which measure actual dollar-value losses for such things as medical expenses, lost income, loss of future earning capacity, etc.

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.

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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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DC 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:

  • Washington DC
  • Adams Morgan
  • Anacostia
  • Capitol Hill
  • Cathedral Heights
  • Chevy Chase
  • Chinatown
  • Columbia Heights
  • Dupont Circle
  • Foggy Bottom
  • Friendship Heights
  • Georgetown
  • Glover Park
  • Logan Circle
  • Mount Vernon Square
  • Mount Pleasant
  • Shaw
  • Woodley Park
 


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