ABF Freight System, Inc. v. National Labor Relations Board

Background

An employee, Michael Manso, worked as a casual dockworker for a trucking company and was fired three times. He lied to his employer and later repeated that false story under oath to an administrative judge. The National Labor Relations Board found one of his firings unlawful and ordered reinstatement with backpay. The company challenged whether Manso’s false testimony should automatically prevent that remedy.

Reasoning

The Court considered a narrow question: does lying under oath always bar a worker from reinstatement with backpay? The Justices assumed Manso had given false testimony but emphasized that Congress gave the labor board primary authority to choose remedies. Because the Board reasonably concluded the firing was motivated by anti‑union animus and did not abuse its discretion, the Court upheld the Board’s decision. The opinion stressed that perjury is serious but that agencies may balance misconduct against the need to make victims whole.

Real world impact

This ruling lets labor agencies continue to award reinstatement and backpay in cases where they find unlawful employer conduct, even if the employee lied, so long as the agency’s remedy is reasonable. Employers and workers should expect agencies to consider dishonesty but not be forced into a blanket rule barring relief. The decision leaves open other responses to false testimony, including criminal or civil referrals.

Dissents or concurrances

Two concurring opinions warned that perjury is a grave threat to adjudicative integrity and urged agencies to consider denying discretionary relief or seeking prosecutions in clear cases of lying under oath.