As this column’s readers with long memories might recall, the 2nd U.S. Circuit Court of Appeals two years ago refused to enforce a National Labor Relations Board order to reinstate with back pay a New York City barista Starbucks claims to have fired for insubordination and threatening a store manager. The 2nd Circuit in its 2012 ruling remanded the case to the board so it could determine the appropriate legal standard applicable to an employee who engages in misconduct in the presence of his employer’s …