The case of May Department Stores Co., doing business as Famous-Barr Co., v. National Labor Relations Board in 1945 revolved around the issue of labor rights and union representation. The Supreme Court ruled in favor of the National Labor Relations Board (NLRB), upholding its decision that May Department Stores had violated the Wagner Act, also known as the National Labor Relations Act, by refusing to bargain with a duly elected representative from their employees' chosen union. The company argued that it should not have to negotiate with this particular representative because he was an employee who had been discharged for cause - specifically for engaging in activities against his employer's interest while on company time. However, the court found no merit in this argument and affirmed NLRB's ruling that such conduct did not disqualify him from acting as a bargaining agent under federal law.

In the dissenting opinion for May Department Stores Co. v. National Labor Relations Board, Justice Frankfurter argued that the majority's decision to uphold an order by the NLRB requiring a company to cease and desist from discouraging membership in any labor organization was not justified under existing law. He contended that there was no substantial evidence supporting the board's finding of unfair labor practices on part of May Department Stores Co., as required by Section 10(e) of the National Labor Relations Act (NLRA). The justice believed that this case involved issues related to employee representation rather than coercion or interference with employees' rights, which are covered under NLRA provisions. Therefore, he felt it inappropriate for such matters to be decided through litigation before courts instead of negotiation between employers and employees or their representatives.