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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