In Re James Simpson

National Labor Relations Board - Board Decisions

Aug 9, 2006

347 N.L.R.B. 883 (N.L.R.B. 2006)

JAMES SIMPSON
347 NLRB No. 85
883
In Re James Simpson. Case AD–50
August 9, 2006
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN,
SCHAUMBER, KIRSANOW, AND WALSH
On July 6, 2005, James Simpson (the Respondent) and
the General Counsel of the National Labor Relations
Board entered into a Formal Settlement Agreement, sub-
ject to the Board’s approval, providing for the entry of a
consent order by the Board. The Respondent waived the
filing of a formal complaint of misconduct and all further
proceedings before the Board to which he may be enti-
tled 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 Formal
Settlement Agreement or the Board’s 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 Formal Settlement Agreement.
STIPULATED FACTS
The Respondent is an attorney in private practice in
Memphis, Tennessee and has at all times material to this
matter appeared or practiced before the Board in that
capacity.
On January 16, 2004, the Regional Director for Region
26 of the Board served a report referring misconduct
allegations to the General Counsel of the Board, pursuant
to Section 102.177 of the Board’s Rules and Regulations.
The report involved, inter alia, the Respondent’s alleged
misconduct during his representation of the Victor L.
Robilio Company, Inc. (Robilio), during an organizing
campaign by Teamsters Local 1196 in 2003, as well as
the Region’s processing of Cases 26–CA–21243, 26–
CA–21253, 26–CA–21282, 26–CA–21381, 26–CA–
21399, 26–CA–21419, and 26–RC–8371, including the
Region’s petition for injunctive relief under Section
10(j) of the Act.
Based on the report, the General Counsel investi-
gated allegations that the Respondent engaged in the
following misconduct:
1. On October 1, 2003, met with a group of Robilio
employees and provided legal advice without having
complied with applicable rules concerning disclosure
of potential conflicts of interest;
2. On October 1 and/or 2, 2003, obtained signed
statements from Robilio employees that were subse-
quently submitted to the Board without adequate fac-
tual investigation; and
3. Procured and paid for the services of attorney
Kirk Caraway, Simpson’s former associate, to repre-
sent Robilio employees before the Board, without
complying with applicable rules concerning the disclo-
sure of a potential conflict of interest.
ORDER
Based on the above, the Formal Settlement Agree-
ment, and the entire record, the National Labor Rela-
tions Board orders that:
In order to preserve and protect the orderly admini-
stration of the National Labor Relations Act and effec-
tuate its policies:
IT IS HEREBY ORDERED that James Simpson be, and
he hereby is, reprimanded for the conduct described
above.1

1 The settlement provides that the General Counsel will report
Simpson’s alleged misconduct to the Tennessee Board of Profes-
sional Responsibility, with a recommendation that the Board’s rep-
rimand be found to be sufficient sanction. In addition, it specifies
that Simpson will strictly follow the Tennessee Rules of Professional
Conduct in the future and that he has reviewed Rules 3.3, 4.3, and
1.3.