The court of appeals granted a petition for review of an order of the National Labor Relations Board and remanded. The court held that an employee who, during a meeting with his employer regarding compensation, lost his temper, made obscene comments, and behaved in a physically aggressive manner might have lost his protections under the National Labor Relations Act.
Nick Aguirre worked for Plaza Auto Center, Inc. (PAC), as a salesperson. PAC conducted three-day weekend tent sales in a parking lot of another, unrelated retailer. During his tent-sale shift, Aguirre was told by Juan Felix, one of two PAC sales managers, to use the restroom in the retail store or in a gas station across the street.
