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FELIX INDUSTRIES, INC. v. N.L.R.B.

No. 00-1239.

251 F.3d 1051 (2001)

FELIX INDUSTRIES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 2001.

Attorney(s) appearing for the Case

Peter D. Stergios argued the cause for petitioner. With him on the brief was Elliot Jay Mandel.

Julie F. Marcus, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Leonard R. Page, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Margaret A. Gaines, Supervisory Attorney.

Before: GINSBURG, RANDOLPH, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

An employee telephoned his supervisor to press his right under a collective bargaining agreement to receive premium pay for working night shifts. In the ensuing conversation the employee thrice directed obscenities at his supervisor, for which he was promptly fired. The National Labor Relations Board decided that the firing violated § 8(a)(1) of the National Labor Relations...

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