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Employer Violates NLRA by Committing Coercive and Discriminatory Labor Practices During Union Campaigns and Elections

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    Overnite Transp. Co. v. NLRB, 280 F.3d 417 (4th Cir. 2002) (0 other reports)

Author: Irene Stavrellis Englert, Englert Legal Consulting, LLC.

In Overnite Transp. Co. v. NLRB, +280 F.3d 417 (4th Cir. 2002), the 4th Circuit Court of Appeals addressed two questions:

  • 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
  • Whether these unfair labor practices prevented a "fair and reliable election" from being held.