This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Motion To Strike For In Illinois
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Multi-State
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US-00004BG-I
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Generally, only employees covered under the current striking bargaining unit can lawfully strike after they have met all the requirements for a legal strike (i.e., expired contract, mediation has failed, and the Union has provided at least a ten-calendar day notice of the intent to strike).
Should you work during the strike? That is a personal decision and none of the Foundation's business. Under the National Labor Relations Act you have a right to strike as well as a right not to strike. If the employer continues to operate during the strike, you need to decide what to do based on your own needs.
The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...
Generally, only employees covered under the current striking bargaining unit can lawfully strike after they have met all the requirements for a legal strike (i.e., expired contract, mediation has failed, and the Union has provided at least a ten-calendar day notice of the intent to strike).
What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
Section 7 of the National Labor Relations Act states in part, “Employees shall have the right. . .to engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection.” Among those concerted activities is the right to strike.
PRACTICE TIP: Courts consider striking a party's pleading to be an extreme measure, and motions to strike are viewed with disfavor and infrequently granted. POL. Many courts consider filing this motion as a dilatory tactic.
Section 7 of the National Labor Relations Act (NLRA) states in part, “Employees shall have the right. . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Strikes are included among the concerted activities protected for employees by this section.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
A section 2-615 motion to dismiss is appropriate if there is a defect on the face of the complaint or other pleading. Common bases for a section 2-615 motion include failing to allege essential elements of the alleged cause of action and failing to state a claim upon which relief may be granted, among others.