The U.S. Supreme Court case National Labor Relations Board v. Wooster Division of Borg-Warner Corp., 1957, centered on the issue of collective bargaining and what topics are mandatory for such negotiations under the National Labor Relations Act (NLRA). The Wooster Division of Borg-Warner Corporation refused to include a union shop clause in its contract with workers, leading to an impasse in negotiations. The company also insisted that any agreement must contain provisions about matters not directly related to employment conditions - specifically, it wanted a provision stating that no strikes or lockouts would occur during the term of the agreement. When taken before the NLRB, they ruled against Wooster citing their refusal as unfair labor practice but did not comment on inclusion of non-mandatory subjects into agreements. However, upon reaching Supreme Court review, it was decided that while employers cannot refuse bargaining over mandatory subjects like wages and hours (which includes union security), they can insist on including non-mandatory subjects in any final agreement without facing charges for unfair labor practices.

In the dissenting opinion for the case of National Labor Relations Board v. Wooster Division of Borg-Warner Corp., Justice Brennan disagreed with the majority's view that an employer is not required to bargain over a union shop agreement unless it includes a provision exempting employees who are members of religious sects opposed to joining or financially supporting labor organizations. He argued that this interpretation was inconsistent with previous court decisions and Congressional intent, which he believed clearly indicated that employers must negotiate on all mandatory subjects of bargaining, including union security provisions like those at issue in this case. Furthermore, he contended that by allowing employers to refuse negotiation on these terms without facing unfair labor practice charges, the Court was effectively permitting them to unilaterally dictate terms and conditions of employment - something expressly prohibited under federal law.