The U.S. Supreme Court case National Labor Relations Board v. Babcock & Wilcox Co., 1955, centered around the issue of whether an employer could deny non-employee union organizers access to its property for the purpose of distributing literature and soliciting membership among employees. The National Labor Relations Board (NLRB) had ruled that Babcock & Wilcox Co., a private company, was required to allow such activities under the Wagner Act (National Labor Relations Act). However, the Supreme Court reversed this decision in a 6-3 vote. It held that while employers cannot unreasonably prevent employees from receiving information about unions on their own time and off work premises, they are not obligated to permit non-employee union representatives onto their property unless there is no other reasonable way for those representatives to communicate with employees or if it's impossible for them to reach out through other channels.

In the dissenting opinion for the case of NATIONAL LABOR RELATIONS BOARD v. BABCOCK & WILCOX CO., Justice Hugo Black argued that employers should not be allowed to ban non-employee union organizers from their property, as long as they do not disrupt work or cause disorder. He believed that this right was protected by the National Labor Relations Act (NLRA), which guarantees employees' rights to self-organization and collective bargaining. According to him, barring union representatives from company property severely limits workers' ability to learn about unions and thus hinders their freedom of association. Furthermore, he contended that alternative means of communication suggested by majority such as letters or home visits were insufficient substitutes for direct contact at workplace where employees could freely discuss issues concerning them without fear of employer's surveillance or retaliation.