Abf Freight System, Inc. v. National Labor Relations Board (510 U.S. 317)

U.S. Supreme Court · decided January 24, 1994 · Supreme Court Database (Spaeth)

Citation
510 U.S. 317 · 114 S. Ct. 835
Decided
January 24, 1994
Term
October Term 1993
Vote
9–0
Majority author
Justice Stevens
Issue area
Judicial Power
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Justice Stevens delivered the opinion of the Court. Michael Manso gave his employer a false excuse for being late to work and repeated that falsehood while testifying under oath before an Administrative Law Judge (ALJ). Notwithstanding Manso’s dishonesty, the National Labor Relations Board (Board) ordered Manso’s former employer to reinstate him with backpay. Our interest in preserving the integrity of administrative proceedings prompted us to grant certiorari to consider whether Manso’s misconduct should have precluded the Board from granting him that relief. h — i Manso worked as a casual dockworker at petitioner ABF Freight System, Inc.’s (ABF’s) trucking terminal in Albuquerque, New Mexico, from the summer of 1987 to August 1989. He was fired three times. The first time, Manso was 1 of 12 employees discharged in June 1988 in a dispute over a contractual provision relating to so-called “preferential casual” dockworkers. The grievance Manso’s union filed eventually secured his reinstatement; Manso also filed an unfair labor practice charge against ABF over the incident. Manso’s return to work was short lived. Three supervisors warned him of likely retaliation from top management— alerting him, for example, that ABF was “gunning” for him, App. 96, and that “the higher echelon was after [him],” id., at 96-97. See also ABF Freight System, Inc., 304 N. L. R. B. 685, 592, 597…

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