In the case of La Crosse Telephone Corp. v. Wisconsin Employment Relations Board et al., 1948, the U.S Supreme Court ruled in favor of the Wisconsin Employment Relations Board (WERB). The dispute arose when WERB ordered La Crosse Telephone Corporation to bargain with a union that had been certified by National Labor Relations Board (NLRB) as an exclusive representative for certain employees, despite not having jurisdiction over telephone companies at that time due to federal law changes. The company refused and was found guilty of unfair labor practices by WERB which led them to appeal up to the Supreme Court arguing state interference with federal control over labor relations in industries affecting commerce. However, their argument was rejected on grounds that Congress did not intend for states to be completely barred from regulating industrial disputes just because they affected interstate commerce but rather intended a more cooperative approach between state and national governments regarding such matters.

The dissenting opinion in the La Crosse Telephone Corp. v. Wisconsin Employment Relations Board case argued that the majority's decision was a departure from established principles of federalism and labor law, which traditionally allowed states to regulate their own labor relations unless explicitly preempted by federal law. The dissent emphasized that there was no clear evidence of congressional intent to exclude state jurisdiction over labor disputes involving interstate communication companies, pointing out that Congress had not expressly stated such an intention when it enacted the National Labor Relations Act (NLRA). Furthermore, they contended that even if there were some areas where both state and national authorities could exercise concurrent jurisdiction under NLRA, this did not necessarily mean complete preemption of state power. They also expressed concern about potential negative implications for workers' rights and collective bargaining processes due to limiting states' ability to intervene in these matters.