In the case of National Labor Relations Board v. Fleetwood Trailer Co., Inc., 1967, the U.S Supreme Court ruled in favor of the National Labor Relations Board (NLRB). The dispute arose when Fleetwood Trailer Company refused to reinstate three employees who had gone on strike due to a labor dispute. The company argued that these workers were not entitled to reinstatement because they had found other employment during the strike and thus abandoned their jobs. However, NLRB held that finding interim work during a strike does not constitute job abandonment or disqualify striking workers from being rehired once a labor dispute is resolved. The Supreme Court upheld this view stating that it was consistent with national labor policy which allows employees to seek temporary employment while participating in strikes without losing their rights for reinstatement after resolution of disputes.

In the dissenting opinion for the National Labor Relations Board v. Fleetwood Trailer Co., Inc., Justice Harlan disagreed with the majority's decision that reinstatement and backpay were appropriate remedies for unfair labor practices in this case. He argued that these remedies should only be applied when it is clear that an employer has acted out of anti-union animus, not simply because they have violated a technical provision of the law. In his view, there was insufficient evidence to suggest such animus on part of Fleetwood Trailer Company towards its employees who participated in union activities. Furthermore, he contended that even if there had been such evidence, it would still be inappropriate to automatically assume these workers would have kept their jobs under normal circumstances given high turnover rates in similar industries at the time. Therefore, according to Justice Harlan’s dissenting opinion, awarding backpay and ordering reinstatement without considering these factors could potentially lead to unjust enrichment for those employees involved.