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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?    
 
 
Children injured at playgrounds may be eligible get injury compensation from the owner
Playground accidents result in about 200,000 emergency visits every year-that's one injury every 2½ minutes.

 


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Latest news about injury cases in Oregon and nationwide:

Justice Department Resolves Litigation with Laurel Regional Hospital
WASHINGTON — The Department of Justice today announced a comprehensive consent decree under the Americans with Disabilities Act (ADA) with Laurel R...
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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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Law Firm, Ironically, For The Unfair
In February, 2003, the California Attorney General sued a law firm, ironically, for the unfair business practices of targeting thousands of sm...
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Injury Terms

 


Today's Terms

Contributory negligence

Definition:
Broadly, carelessness on the plaintiff's part. More precisely, conduct which falls below the standard of care established by law for the protection of one's self against unreasonable risk of harm.

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.

Affidavit

Definition:
A written document which the signer swears to be true. The signer may swear under oath before a notary public ot other authorized official, or may make a declaration under penalty of perjury.

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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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Oregon 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:

  • Albany
  • Ashland
  • Beaverton
  • Bend
  • Canby
  • Central Point
  • Clackamas
  • Coos Bay
  • Corvallis
  • Cottage Grove
  • Dallas
  • Eugene
  • Forest Grove
  • Grants Pass
  • Gresham
  • Hermiston
  • Hillsboro
  • Hood River
  • Klamath Falls
  • La Grande
  • Lake Oswego
  • Lebanon
  • Mcminnville
  • Medford
  • Newberg
  • Ontario
  • Oregon City
  • Pendleton
  • Portland
  • Prineville
  • Redmond
  • Roseburg
  • Salem
  • Sherwood
  • Springfield
  • The Dalles
  • Troutdale
  • Tualatin
  • West Linn
  • Wilsonville
  • Woodburn
 


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