The National Labor Relations Board v. Walton Manufacturing Co., et al case in 1961 revolved around the issue of whether an employer's refusal to bargain with a union, on the grounds that it was improperly certified due to alleged racial discrimination in its membership policies, constituted an unfair labor practice under Section 8(a)(5) of the National Labor Relations Act. The Supreme Court ruled in favor of the NLRB and held that such a refusal did indeed constitute an unfair labor practice. The court reasoned that while combating racial discrimination is important, allowing employers to challenge union certifications based on allegations of discriminatory practices could undermine collective bargaining processes and disrupt industrial peace. Therefore, they concluded that these issues should be addressed by other legal means rather than through refusals to bargain.

In the dissenting opinion for the case of NATIONAL LABOR RELATIONS BOARD v. WALTON MANUFACTURING CO., Justice Frankfurter, joined by Justices Harlan and Whittaker, argued that the majority's decision to uphold an order from the National Labor Relations Board (NLRB) was a departure from established principles of administrative law. They contended that it was inappropriate for courts to defer to NLRB interpretations of collective bargaining agreements because such interpretation is not within its expertise or statutory mandate. The dissenters also disagreed with the majority’s view on “good faith” bargaining requirement under Section 8(d) of National Labor Relations Act; they believed this provision does not require parties to make concessions during negotiations but only obliges them to meet and confer in good faith. In their view, Walton Manufacturing Co.'s refusal to agree on certain union proposals did not constitute unfair labor practices as found by NLRB and upheld by majority justices.