(a) Representation. In any proceeding before the Board, a party may
appear in person, or by counsel or any other duly authorized person,
including any accredited representative of an employee organization. No
person shall be recognized as representing an appellant or intervenor
unless there shall be filed with the Board a statement in writing,
signed by the party to be represented, authorizing such representation.
Such representative when accepted shall continue to be recognized unless
he should abandon such capacity, withdraw, or the appellant or
intervenor directs otherwise.
(b) Former members of the Board; other employees of the Department
of Labor. A former member of the Board shall not be allowed to
participate as counsel or other representative before the Board in any
proceeding until two years from the termination of his status as a Board
member. The practice of other former employees of the Department of
Labor are governed by 29 CFR 2.2 and 2.3.
(c) Debarment of counsel or other representative. Whenever in any
proceeding the Board finds that a person acting as counsel or other
representative for any party to the proceeding is guilty of unethical or
unprofessional conduct, the Board may order that such person be excluded
from further acting as counsel or other representative in such
proceeding. An appeal may be taken to the Secretary of Labor from such
an order, but the proceeding shall not be delayed or suspended pending
disposition of the appeal, although the Board may suspend the proceeding
for a reasonable time for the purpose of enabling the party to obtain
different counsel or other representative. Whenever the Board has issued
an order precluding a person from further acting as counsel or other
representative in a proceeding, the Board shall within a reasonable time
thereafter submit to the Secretary of Labor a report of the facts and
circumstances surrounding the issuance of the order, and shall recommend
what action the Secretary of Labor should take in regard to the
appearance of such person as counsel or other representative in other
proceedings before the Board. Before any action is taken debarring such
person as counsel or representative from other proceedings, he shall be
furnished notice and opportunity to be heard on the matter.
(d) Fees. No claim for legal or other service rendered in respect to
a proceeding before the Board to or on account of any person, shall be
valid unless approved by the Board or by a member thereof. No contract
for a stipulated fee or for a fee upon a contingent basis shall be
recognized by the Board, and no fee for service shall be approved except
upon an application to the Board supported by a sufficient statement of
the extent and character of the necessary work done before the Board on
behalf of the interested party. Except where such representation is
gratuitous, the fee approved by the Board, or by a member thereof, shall
be reasonably commensurate with the actual necessary work performed by
such representative, taking into account the capacity in which the
representative has appeared, the amount of the compensation involved,
and the circumstances of the appellant.
