Charles Murphy

National Labor Relations Board - Board Decisions

Dec 26, 2002

338 N.L.R.B. 769 (N.L.R.B. 2002)

CHARLES MURPHY 769
In Re: Charles Murphy. Case AD–38
December 26, 2002
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN,
SCHAUMBER, WALSH, AND ACOSTA
On August 29, 2002, Charles Murphy (the Respon-
dent) and the General Counsel of the National Labor
Relations Board entered into a Formal Settlement
Agreement, subject to the Board’s approval, providing
for the entry of a consent order by the Board. The Re-
spondent waived all further proceedings before the Board
to which he may be entitled under the National Labor
Relations Act, the Board’s Rules and Regulations, or any
other authority, and also waived his right to seek judicial
review of the complaint, Formal Settlement Agreement,
or Board Order. No party or person has objected to this
settlement.
The Formal Settlement Agreement is approved and
made a part of the record, and the proceeding is trans-
ferred to and continued before the Board in Washington,
D.C., for the entry of a Decision and Order pursuant to
the provisions of the Settlement.
Based on the Formal Settlement Agreement and the
entire record, the Board makes the following
FINDINGS OF FACT
The Respondent is a vice president of Hotel Employ-
ees and Restaurant Employees, Local 274 (the Union),
and has at all material times appeared and practiced be-
fore the Board as a representative of the Union.
The Union is a labor organization within the meaning
of Section 2(5) of the Act.
On April 23, 2001, the Regional Director for Region 4
of the Board served a letter referring misconduct allega-
tions to the General Counsel of the Board. Thereafter,
pursuant to Section 102.177 of the Board’s Rules and
Regulations, the General Counsel issued a complaint and
notice of right to hearing against the Respondent. The
complaint alleges that, on April 3, 2001, during the
Board-conducted decertification election in Case 4–RD–
1901, the Respondent, while serving as the observer for
the Union, struck the decertification petitioner in the
face, and thereby engaged in misconduct of an aggra-
vated character as described in Section 102.177(a) and
(d) of the Board’s Rules and Regulations.1
ORDER
Based on the above findings of fact, the Formal Set-
tlement Agreement, and the entire record, the National
Labor Relations Board orders that:
In order to preserve and protect the orderly administra-
tion of the National Labor Relations Act and effectuate
its policies:
IT IS HEREBY ORDERED that Charles Murphy be, and he
hereby is, suspended from appearing or practicing before
the National Labor Relations Board as a representative of
any party in any Board proceeding for a 1-year period
beginning January 1, 2002,2 provided that he may appear
to testify as a witness.

1 Sec. 102.177(a) and (d) provides as follows:
(a) Any attorney or other representative appearing or practic-
ing before the Agency shall conform to the standards of ethical
and professional conduct required of practitioners before the
courts, and the Agency will be guided by those standards in inter-
preting and applying the provisions of this section.
. . . .
(d) Misconduct by an attorney or other representative at any
stage of any Agency proceeding, including but not limited to mis-
conduct at a hearing, shall be grounds for discipline. Such mis-
conduct of an aggravated character shall be grounds for suspen-
sion and/or disbarment from practice before the Agency and/or
other sanctions.
2 We have been administratively advised that, as of January 1, 2003,
the Murphy will have completed a 1-year period of nonappearance and
nonpractice before the Board. In our view, he will have thereby satis-
fied the substantive provisions of the Settlement.

338 NLRB No. 91