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PLAZA AUTO CENTER, INC. v. N.L.R.B.

Nos. 10-72728, 10-73125.

664 F.3d 286 (2011)

PLAZA AUTO CENTER, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2011.

Attorney(s) appearing for the Case

Stephanie R. Leach , Snell & Wilmer, L.L.P., Phoenix, AZ, for the petitioner.

Jill A. Griffin and Kira Dellinger Vol , National Labor Relations Board, Washington, D.C., for the respondent.

Before: SUSAN P. GRABER and SANDRA S. IKUTA, Circuit Judges, and GORDON J. QUIST, Senior District Judge.

OPINION

QUIST, District Judge:

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...

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