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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.[
The costs and expenses of a conservatorship are paid by your estate
A CONSERVATORSHIP is if you suffer from an incurable disease or are involved in a debilitating accident and are unable to manage your own affairs, state law might require someone to go to court to have a conservator appointed by the court. The conservator is given the authority to make financial decisions and handle your financial affairs, under court supervision, when you lack the capacity to manage them on your own.
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Definition:
Sometimes called an Inter-Vivos Trust--A written legal document established during a person's lifetime into which he/she places property.
Trust
Definition:
A long recognized legal concept (first used in ancient Greece during the times of Socrates and Plato) in which some or all property of a Trust Creator is held on behalf of a beneficiary (which may include the trust creator) in the name of the Trustee.
Incapacity / Incompetent
Definition:
Legally unable to manage one's own affairs due to mental disability. This may be temporary or permanent.
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