In the case of National Labor Relations Board v. Hendricks County Rural Electric Membership Corp., 1981, the U.S Supreme Court ruled in favor of Hendricks County Rural Electric Membership Corporation (REMC). The dispute arose when REMC fired an employee for distributing union literature during non-working hours without prior permission. The National Labor Relations Board (NLRB) argued that this was a violation of labor laws protecting employees' rights to engage in union activities. However, the Supreme Court disagreed with NLRB's interpretation and held that it was within REMC’s right as an employer to maintain control over its property by requiring employees to seek permission before engaging in such activities on company premises during non-working hours. This decision clarified employers' rights regarding their ability to regulate union activity on their property outside working hours.

In the dissenting opinion for the case of National Labor Relations Board v. Hendricks County Rural Electric Membership Corp., Justice William Brennan, joined by Justices White and Marshall, argued that the majority's decision was a departure from established precedent regarding unfair labor practices. The dissenters believed that an employer's refusal to bargain with a union over issues related to employee retirement benefits constituted an unfair labor practice under Section 8(a)(5) of the National Labor Relations Act (NLRA). They contended that such benefits were clearly "terms and conditions" of employment as defined in Section 9(a) of NLRA. Furthermore, they disagreed with the majority’s view on whether pension plans fell within or outside collective bargaining agreements; arguing instead that it should be considered part and parcel of them. In their view, this misinterpretation undermined Congress' intent in enacting NLRA - promoting industrial peace through good-faith collective bargaining.