In the National Labor Relations Board v. Falk Corporation case of 1939, the U.S Supreme Court ruled in favor of the National Labor Relations Board (NLRB). The dispute arose when Falk Corporation refused to bargain with a labor union that had been certified by NLRB as an exclusive representative for its employees. The company argued that it was not obligated to negotiate because there were allegations of unfair practices during the certification process and they believed that majority support for the union did not exist among their employees. However, under Section 9(a) of the National Labor Relations Act, once a bargaining representative has been designated or selected by a majority vote, employers are required to negotiate with them in good faith over wages and other employment conditions. Therefore, despite any alleged irregularities during certification which could be addressed separately if proven true, Falk Corporation's refusal constituted an unfair labor practice according to Section 8(1) and (5) of NLRA. This decision reinforced NLRB's authority in enforcing collective bargaining rights.

The dissenting opinion in the case of NATIONAL LABOR RELATIONS BOARD v. FALK CORPORATION argued that the majority's decision to uphold the National Labor Relations Board's (NLRB) order was incorrect because it failed to consider whether or not there was substantial evidence supporting NLRB’s findings. The dissent emphasized that, while courts should defer to administrative agencies' expertise on matters within their jurisdiction, such deference does not extend to accepting agency decisions without sufficient evidentiary support. In this case, they believed that NLRB had acted beyond its authority by ordering Falk Corporation to reinstate employees who were fired for engaging in a strike which involved acts of violence and intimidation against non-striking workers and company property. They contended that these actions violated federal labor law provisions protecting employers’ rights and therefore did not warrant protection under labor laws designed to protect lawful union activities.