ABF Freight System, Inc. v. NLRB, 510 U.S. 317, 2 (1994)

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318

ABF FREIGHT SYSTEM, INC. v. NLRB

Opinion of the Court

Board to divert its attention away from its primary mission and toward resolving collateral credibility disputes. Pp. 322-325. 982 F. 2d 441, affirmed.

Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Kennedy, J., filed a concurring opinion, post, p. 325. Scalia, J., filed an opinion concurring in the judgment, in which O'Connor, J., joined, post, p. 326.

John V. Jansonius argued the cause for petitioner. With him on the briefs were Jill J. Weinberg and Alan Wright.

Deputy Solicitor General Wallace argued the cause for respondent. With him on the brief were Solicitor General Days, Michael R. Dreeben, Jerry M. Hunter, Nicholas E. Karatinos, Norton J. Come, Linda Sher, and John Emad Arbab.*

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

*James D. Holzhauer, Timothy S. Bishop, and Daniel R. Barney filed a brief for the American Trucking Associations as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the American Federation of Labor and Congress of Industrial Organizations by Marsha S. Berzon and Laurence Gold; for the Lawyers' Committee for Civil Rights Under Law et al. by Herbert M. Wachtell, William H. Brown III, Norman Redlich, Thomas J. Henderson, Richard T. Seymour, Sharon R. Vinick, Mitchell Rogovin, Randal S. Milch, Robert C. Bell, Jr., and Donna R. Lenhoff. E. Carl Uehlein, Jr., Joseph E. Santucci, Jr., Stephen A. Bokat, Robin S. Conrad, and Mona C. Zeiberg filed a brief for the Chamber of Commerce of the United States et al. as amici curiae.

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