In the case of National Labor Relations Board v. Virginia Electric & Power Co., 1941, the U.S Supreme Court ruled in favor of the National Labor Relations Board (NLRB). The NLRB had accused Virginia Electric & Power Company of unfair labor practices for refusing to bargain with a union that was certified by the board as a representative for its employees. The company argued that it did not have to negotiate because there were disputes about whether certain workers should be included in or excluded from the bargaining unit. However, Justice Hugo Black delivered an opinion stating that once a union is certified by NLRB, an employer must bargain with it and cannot refuse on grounds related to internal issues within said union or disagreements over which employees are represented. This decision reinforced federal laws protecting collective bargaining rights and clarified employers' obligations under those laws.

In the dissenting opinion for the case of National Labor Relations Board v. Virginia Electric & Power Co., Justice Roberts argued that the majority's decision was a departure from established principles governing labor disputes. He contended that there was no evidence to suggest that Virginia Electric had refused to bargain collectively with its employees, as required by law. Instead, he believed it was clear from the record that negotiations had taken place and an impasse had been reached due to disagreements over wage rates - a matter which falls under collective bargaining but is not mandated by law. Therefore, in his view, Virginia Electric should not be penalized for failing to reach an agreement on wages when they were willing and did engage in good faith bargaining efforts.