In the case of National Labor Relations Board v. J.H. Rutter-Rex Manufacturing Co., Inc., 1969, the Supreme Court ruled in favor of the National Labor Relations Board (NLRB). The dispute arose when Rutter-Rex refused to bargain with a union that had been certified by NLRB as the exclusive representative for its employees, arguing that it was not obligated to do so because NLRB's certification was based on an election held more than one year prior and thus expired under Section 9(c)(3) of the National Labor Relations Act. However, this argument was rejected by both lower courts and eventually by Supreme Court too which upheld that there is no statutory requirement limiting certification’s effectiveness to one year after its issuance date. Therefore, employers cannot refuse bargaining solely on grounds of time elapsed since certification.

In the dissenting opinion for the case of NATIONAL LABOR RELATIONS BOARD v. J. H. RUTTER-REX MANUFACTURING CO., INC., Justice Hugo Black disagreed with the majority's decision to uphold a National Labor Relations Board (NLRB) order against J.H. Rutter-Rex Manufacturing Co, Inc.. He argued that there was no substantial evidence supporting NLRB’s claim that the company had violated labor laws by refusing to bargain in good faith and interfering with employees' rights under Section 7 of National Labor Relations Act (NLRA). The justice contended that NLRA does not give NLRB unlimited power to decide what constitutes an unfair labor practice, but rather it should be based on concrete evidence which he believed was lacking in this case.