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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?    
 
 
Wrongful death claims seek compensation for losses resulting from the family member's death
A number of situations lead to wrongful death case being filed. Medical mistakes, car accidents, criminal attacks, work-related injuries, and other accidents result in wrongful death case. Expert testimony and other requirements mean that medical mistakes tend to be the most difficult wrongful death claims to prove, requiring extensive effort on the part of attorneys.

 


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Latest news about injury cases in Vermont 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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Egyptian Man Pleads Guilty To Alien Smuggling Charges
WASHINGTON—An Egyptian man has pleaded guilty to smuggling nearly 100 individuals from Middle Eastern countries into the United States, Assistant A...
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Appointment To State Bar Of Michigan Board Of Commissioners
ANNOUNCED BY MICHIGAN SUPREME COURT

LANSING, MI, June 28, 2006 – The Michigan Supreme Court today announced the following appointments to t...

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Injury Terms

 


Today's Terms

Defective product injury

Definition:
When a product malfunctions due to a defect and causes serious personal injury, the law requires the manufacturer, wholesaler or retailer of the product to bear the losses caused by the defect in the product.

Spinal Cord Injury

Definition:
Injury of the nerves contained within the spinal canal often associated with trauma to the spinal column (spine),Complete: Nerve damage obstructing all signals between the brain and body.Incomplete: Nerve damage obstructing some of the signals between the brain and body.

Gross Negligence

Definition:
Negligence for the safety or lives of others which is so great it appears to be intentional.

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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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Vermont 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:

  • Barre
  • Bennington
  • Brattleboro
  • Burlington
  • Colchester
  • Essex Junction
  • Milton
  • Montpelier
  • Rutland
  • Saint Albans
  • South Burlington
 


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