In the case of National Labor Relations Board v. Erie Resistor Corp., 1962, the Supreme Court ruled in favor of the National Labor Relations Board (NLRB). The dispute arose when Erie Resistor Corporation and its union were negotiating a new contract during a strike. To discourage striking, Erie offered "super seniority" to replacement workers and strikers who returned to work - this meant they would be last to be laid off if layoffs occurred. The NLRB argued that this was an unfair labor practice as it discouraged lawful strikes by threatening job security for those participating in them. In a split decision, the Supreme Court agreed with NLRB's argument stating that super seniority was indeed an unfair labor practice under Section 8(a)(3) of the National Labor Relations Act because it excessively penalized strikers and unduly rewarded non-strikers or returning strikers which could potentially undermine collective bargaining processes.

In the dissenting opinion for the case of NATIONAL LABOR RELATIONS BOARD v. ERIE RESISTOR CORP., it was argued that the majority's decision to deem Erie Resistor Corp.'s super-seniority policy as an unfair labor practice was incorrect. The dissenters believed that this policy, which granted seniority status to strike replacements and returning veterans over striking workers, did not inherently discourage union activity or membership but rather served as a legitimate business strategy during a strike situation. They contended that such policies were necessary tools for businesses facing strikes and should be considered lawful unless they were explicitly used to undermine unions or penalize union activities. Furthermore, they disagreed with the majority's interpretation of Section 8(a)(3) of National Labor Relations Act (NLRA), arguing instead that Congress intended this provision only to prohibit practices involving hiring and firing decisions based on union involvement - not those related to seniority rights.