Plaza Auto Center, Inc. v. National Labor Relations Board

Plaza Auto Center, Inc. (“PAC” or “company”) seeks review of an order of the National Labor Relations Board (the “Board”) holding that PAC violated section 8(a)(1) of the National Labor Relations Act (the “Act”), 29 U.S.C. § 158 (a)(1), by firing employee Nick Aguirre (“Aguirre”) for his outburst during a meeting with PAC management regarding PAC’s compensation policies. Applying the four-factor test in Atlantic Steel Co., 245 N.L.R.B. 814 (1979), the Board concluded that in spite of his inappropriate remarks toward PAC’s owner, Aguirre did not lose his statutory protections under the Act. The Board has filed a cross-application for enforcement of its order, including its finding that PAC repeatedly violated the Act by inviting Aguirre to quit in response to his protected activities.

We have jurisdiction pursuant to 29 U.S.C. § 160 (e) and (f). For the reasons set forth below, we grant PAC’s petition for review and remand to the Board to balance the Atlantic Steel factors in light of our discussion below. We also grant the Board’s petition for enforcement of Paragraphs 1 and 2(d)-(e) of the order.

BACKGROUND

PAC sells used cars in Yuma, Arizona, and is owned by Tony…