In ABF Freight System v. NLRB, 510 U.S. 317 (1994), the discriminatee perjured himself during the compliance proceeding violated federal criminal law, see 18 U.S.C. 1621, cited in ABF Freight, 510 U.S. at 328-29. Although declaring that "false testimony in a formal proceeding is intolerable," and that "perjury should be severely sanctioned," id. at 323, the Court rejected the company's argument that such behavior should preclude the employee from receiving backpay: The company's contention, though not inconsistent with our appraisal of the employee's misconduct, raises countervailing concerns. Most important is Congress' decision to delegate to the Board the primary responsibility for making remedial decisions that best effectuate the policies of the Act when it has substantiated an unfair labor practice. Id. at 323-24. Writing separately to emphasize that the Board's failure to adopt an unclean hands policy "undermines and dishonors the courts," id. at 329, two concurring Justices nevertheless agreed that the Board acted within its remedial discretion. Id. at 326 (Kennedy, J., concurring), 329 (Scalia, J., concurring in judgment).