In O'Connor vs. Consolidated Coin Caterers Corporation, 517 U.S. 308 (1996), the United States Supreme Court held that although an employee in an age discrimination case must be 40 years of age or older, the plaintiff need not show that the replacement employee is under the age of 40.
In Overnite Transp. Co. v. NLRB, 280 F.3d 417 (4th Cir. 2002), the 4th Circuit Court of Appeals addressed two questions: (1) whether an employer committed unfair labor practices by making unscheduled wage increases during campaigns and elections, by carrying out a campaign warning employees that "hard times" were ahead if the union was elected, and by unilaterally granting a wage increase to nonunion employees after the union rejected the wage increase; and (2) whether these unfair labor practices prevented a "fair and reliable election" from being held.
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