In the case of National Labor Relations Board v. Las Vegas Sand & Gravel Corp., 1961, the Supreme Court ruled in favor of the National Labor Relations Board (NLRB). The NLRB had found that Las Vegas Sand & Gravel Corp. was guilty of unfair labor practices under Section 8(a)(5) and (1) of the National Labor Relations Act because it refused to bargain with a union which represented its employees. The company argued that they were not obligated to negotiate as they believed there was no evidence showing majority support for this particular union among their workers. However, based on previous rulings and established legal principles regarding representation issues, it was determined by the court that an employer cannot refuse to bargain with a duly certified representative on grounds questioning its majority status during certification year unless substantial objective considerations exist indicating good faith doubt about such status at time request is made for bargaining or thereafter.

In the dissenting opinion for the case of NATIONAL LABOR RELATIONS BOARD v. LAS VEGAS SAND & GRAVEL CORP., Justice Frankfurter, joined by Justice Harlan, disagreed with the majority's interpretation of Section 8(a)(1) and (3) of the National Labor Relations Act. They argued that these sections should not be interpreted to mean that an employer is guilty of unfair labor practices simply because they have a closed shop agreement with one union while another union is seeking representation rights. The dissenting justices believed this interpretation was too broad and could potentially infrally on employers' rights to freely negotiate contracts under federal law. They also expressed concerns about potential conflicts between different unions if such agreements were deemed illegal merely due to their existence during a period when another union was seeking representation.