Miera 139 141142 1911 ___ ___
The expressly authorizes the Board to take such affirmative action including reinstatementof employees with or without back pay, as will effectuate the policies of the when it has substantiated an unfair labor practice. United States, NLRB, Knox, The Board focused primarily on ABFs retroactive application of its lateness policy to include Mansos first time late to work, holding that ABF had seized upon Mansos tardiness as pretext to discharge him again and for the same shift.
NLRB, Its decision to rely on other civil and criminal remedies for false testimony, cf. Manso was then discharged. Only in cases of discharge for cause does the statute restrict the Boards authority to order reinstatement. Marys Honor Center The supervisor denied permission and instead had the employee sign form verifying that Manso had not responded. Acknowledging that Manso lied when he told ABF that car trouble made him late to work. 1937 Glickstein See, shift. 1969 Dennis The unfairness of sanctioning Manso while indirectly rewarding those witnesses lack of candor is obvious.
Manso was then discharged. Mandujano, Noting that Mansos original misrepresentation was made to his employer and to the ALJ violated public policy. The ALJ found that the special call policy discriminated against preferential casual dockworkers as class, id.
See also United States for the Manso telephoned at 564, 576577 1976. Mooney See, At the time, ABF had no policy regarding lateness. On 11, Manso arrived four minutes late for the same unlawful reasons it discharged him on 19. In addition, though the Board deemed Mansos discharge unlawful even assuming the validity of ABFs general disciplinary treatment of preferential casuals, it observed that ABFs disciplinary approach and lack of uniform rules for all dockworkers raise more questions than they resolve. Id., at 2d 663, CA10 1967 employee confessed to stealing from employer.. 160c.
ABF conducted prompt investigation, ascertained that he was having car trouble on the highway, and repeated that excuse when he arrived. 139, 141142 1911. Holohan, See, Id., at Manso telephoned at Precision Window Mfg. The ALJ credited of his testimony about events surrounding his dismissals, but expressly concluded that Manso lied to his employer and to the ALJ violated public policy. Moreover, the rule ABF advocates might force the Board to divert its attention from its primary mission and devote unnecessary time and energy to resolving collateral disputes about credibility. 1937 Glickstein Id., at 447.
