In the case of National Labor Relations Board v. Cheney California Lumber Co., 1945, the U.S. Supreme Court ruled in favor of the National Labor Relations Board (NLRB). The NLRB had found that Cheney California Lumber Company was guilty of unfair labor practices under Section 8(1) and (3) of the National Labor Relations Act for refusing to reinstate three employees after a strike, as well as interfering with, restraining and coercing its employees in their rights to self-organization and collective bargaining. The company challenged these findings on several grounds including lack of substantial evidence. However, upon review, the Supreme Court upheld NLRB's decision stating there was enough evidence supporting it and dismissed all other objections raised by the lumber company regarding procedural irregularities during hearings before trial examiner.

In the dissenting opinion for the case of NATIONAL LABOR RELATIONS BOARD v. CHENEY CALIFORNIA LUMBER CO., Justice Roberts argued that the majority's decision was a departure from established principles governing labor disputes and collective bargaining rights. He contended that there was no evidence to suggest that Cheney California Lumber Co. had refused to bargain in good faith with its employees, as required by law under Section 8(5) of the National Labor Relations Act (NLRA). The company had merely sought clarification on whether it could negotiate directly with its workers or if it must do so through their chosen representative, which is not an unfair labor practice according to him. Furthermore, he expressed concern over how this ruling would impact future cases involving similar circumstances and warned against setting a precedent where employers are penalized for seeking legal advice during negotiations.