The National Labor Relations Board v. Washington Aluminum Co., 1961, is a landmark case in labor law that established the right of non-union employees to engage in concerted activity for mutual aid and protection. The dispute began when seven non-unionized workers at the Washington Aluminum Company left their workplace without permission due to extremely cold working conditions. They were subsequently fired by the company for violating a rule requiring them to seek permission before leaving work premises during working hours. The National Labor Relations Board (NLRB) ruled in favor of the workers, stating that they had engaged in protected concerted activity under Section 7 of the National Labor Relations Act (NLRA). However, this decision was overturned by an appellate court which found no evidence of union-related activities among these employees. The Supreme Court reversed this decision and upheld NLRB's original ruling, asserting that Section 7 rights are not limited only to unionized workers or those seeking collective bargaining but extend broadly to all "concerted activities" aimed at improving employment terms and conditions - including spontaneous walkouts over unsafe or uncomfortable working environments like extreme temperatures.

In the dissenting opinion for the National Labor Relations Board v. Washington Aluminum Co., Justice Whittaker argued that the workers' walkout was not a protected concerted activity under Section 7 of the National Labor Relations Act (NLRA). He contended that their action was more akin to an individual decision based on personal comfort rather than a collective bargaining strategy or protest against unfair labor practices. The employees left work without notifying management, discussing their grievances, or attempting to negotiate better working conditions. Therefore, he believed they were rightfully terminated as they abandoned their jobs without justification in violation of company rules and did not engage in any conduct protected by NLRA. This interpretation emphasized strict adherence to procedural norms over broader interpretations of worker rights.