Plaza Auto Center, Inc. v. NLRB, No. 10-72728 (9th Cir. 2011)Annotate this Case
PAC sought review of an order of the Board holding that PAC violated section 8(a)(1) of the National Labor Relations Act (Act), 29 U.S.C. 158(a)(1), by firing an employee for his outburst during a meeting with PAC management regarding PAC's compensation policies. The court remanded to the Board for proper balancing of the Atlantic Steel factors in light of its conclusion that the Board erred in its initial assessment that the nature of the employee's outburst weighed in favor of protection. The court granted the Board's petition for enforcement of the order with regard to the Board's findings that PAC committed unfair labor practices by inviting the employee to quit in response to his protected concerted protests of labor conditions. Accordingly, Paragraphs 2(a)-(c) of the Board's order were vacated and Paragraphs 1 and 2(d)-(e) were enforced.