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OPERATION & MAINTENANCE SERV. v. LABOR RELATIONS COMM

405 Mass. 214 (1989)

539 N.E.2d 1030

OPERATION AND MAINTENANCE SERVICE, INC. WESTOVER JOB CORPS CENTER/G.E. vs. LABOR RELATIONS COMMISSION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 21, 1989.

Attorney(s) appearing for the Case

John B. Cochran (Tammy L. Brynie with him) for Labor Relations Commission.

Peter Mitchell of the District of Columbia for the intervener.

David B. Ellis (Scott L. Kafker & Caroline G. Hendel with him) for the plaintiff.

Matthew D. Jones, for Local 509, Service Employees International Union, AFL-CIO, CLC, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

ABRAMS, J.

The Labor Relations Commission (commission) appeals from an order of a single justice of this court declaring that the commission lacks jurisdiction over a representation petition filed by the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers, AFL-CIO (IUE). The single justice concluded that Federal law preempts the State commission's exercise of jurisdiction over the IUE's...

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