9th Circ. Sends Employee Outburst Row Back To NLRB

Law360, Los Angeles (December 19, 2011, 7:07 PM EST) -- The Ninth Circuit on Monday remanded a National Labor Relations Board decision finding that Plaza Auto Center violated federal law when it fired a salesman after his profanity-laced outburst, ordering the board to reevaluate whether the tirade had cost the employee legal protections.

The appellate panel issued a published opinion Monday finding that the NLRB had failed to properly analyze the nature of the outburst when it overruled an administrative law judge’s finding and held that used car salesman Nick Aguirre was entitled to National Labor...
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