Page:Cordúa Restaurants, Inc. v. NLRB (19-60630) (2021) Opinion.pdf/9

 Sara Lee, 514 F.3d at 429. The Board is therefore entitled to summary enforcement of its order remedying Cordúa’s Section 8(a)(1) violation with respect to the no-solicitation rule. Id.

We now turn to the Board’s finding that Cordúa violated Section 8(a)(1) of the NLRA by firing Ramirez for engaging in activities protected by the Act. On review, Cordúa argues that substantial evidence does not support the Board’s finding because (1) Ramirez’s “attempt to acquire other employees’ payroll information, without their permission, and lying to the COO about it” was not protected activity, (2) the Board “failed to make a finding regarding animus,” (3) the record reflects a lack of animus, and (4) Cordúa’s reasons for firing Ramirez were not pretextual. Cordúa further argues that the Board erred in ordering reinstatement and backpay because Ramirez “committed misconduct” and “perjured himself.”

Section 8(a)(1) of the NLRA prohibits employers from interfering with, restraining, or coercing employees in the exercise of the rights guaranteed to them by Section 7 of the Act. 29 U.S.C. § 158(a)(1). Section 7 guarantees employees the “right to self-organization, to form, join, or assist labor organizations, … and to engage in other concerted activities for the purpose of … mutual aid or protection.” 29 U.S.C. § 157. Relevant here, an employer violates Section 8(a)(1) when it discharges an employee for engaging in protected activities or attempts to prevent its employees from engaging in such activities in the future. See Remington Lodging & Hosp., L.L.C. v. NLRB, 847 F.3d 180, 185–86 (5th Cir. 2017).

In cases such as this one, where the alleged Section 8(a)(1) violation hinges on the employer’s motivation for firing an employee, we apply the Board’s Wright Line framework. See New Orleans Cold Storage & Warehouse Co. v. NLRB, 201 F.3d 592, 600–01 (5th Cir. 2000) (citing Wright Line, 251