In the case of National Labor Relations Board v. General Motors Corp., 1962, the Supreme Court ruled in favor of General Motors Corporation (GM). The National Labor Relations Board (NLRB) had accused GM of unfair labor practices for refusing to bargain with a union that represented its foremen. However, the court held that foremen were not employees under Section 2(3) of the National Labor Relations Act and thus did not have collective bargaining rights. This decision was based on Congress's intent when it amended this section in 1947 to exclude supervisors from its coverage. Therefore, GM could lawfully refuse to negotiate with a union representing these individuals without violating federal labor laws.

In the dissenting opinion for the National Labor Relations Board v. General Motors Corp., Justice Harlan argued that the majority's decision was a departure from established principles of labor law and policy. He contended that an employer should not be forced to bargain with a minority union, as it would undermine the principle of majority rule in collective bargaining, which is fundamental to American labor law. Furthermore, he believed that such compulsion could potentially lead to industrial strife by encouraging rival unions within one workplace. Harlan also disagreed with the majority's interpretation of Section 8(a)(5) of The National Labor Relations Act; he asserted this section does not require employers to recognize and negotiate with any labor organization unless it represents a majority of employees in an appropriate unit.