| Concurrence [ Kennedy ] | Syllabus | Concurrence [ Scalia ] | Opinion [ Stevens ] |
|---|---|---|---|
| HTML version WordPerfect version | HTML version WordPerfect version | HTML version WordPerfect version | HTML version WordPerfect version |
SUPREME COURT OF THE UNITED STATES
No.
ABF FREIGHT SYSTEM, INC., PETITIONER v. NATIONAL LABOR RELATIONS BOARD
on writ of certiorari to the united states court of appeals for the tenth circuit
[
Justice
The Board's opinions show that it can become quite exercised about trial related misconduct that obstructs its own processes. See Lear Siegler Management Service Corp., 306 N. L. R. B. 393, 394 (1992) (tolling the backpay award of an employee who threatened a witness, because such manipulation undermined "[t]he integrity of the Board's judicial process"). The Board seems more blithe, however, about the potential for dishonesty to disrupt the workplace. See Owens Illinois, Inc., 290 N. L. R. B. 1193 (1988) (reinstating and awarding backpay to an employee who lied under oath, because the employer "failed to meet its burden of establishing that [the employee] is unfit for further employment"). True, the gravest consequence of lyingunder oath is the affront to the law itself. But both employer and employee have reason to insist upon honesty in the resolution of disputes within the workplace itself. And this interest, too, is not beyond the Board's discretion to take into account in fashioning appropriate relief.