In the 1962 case Local 100, United Association of Journeymen & Apprentices v. Borden, the U.S Supreme Court ruled in favor of Borden. The dispute arose when a labor union filed a lawsuit against an employer for violating a collective bargaining agreement by subcontracting work to non-union workers without first offering it to union members. The lower court had issued an injunction preventing the employer from continuing this practice and ordered them to compensate affected employees for lost wages. However, on appeal, the Supreme Court reversed these decisions stating that under Section 301(a) of Labor Management Relations Act (LMRA), federal courts lacked jurisdiction over such disputes unless they involved violations of contracts between employers and labor organizations representing employees engaged in industries affecting commerce or trade disputes affecting commerce directly or indirectly.

In the dissenting opinion for Local 100, United Association of Journeymen & Apprentices v. Borden, Justice Douglas argued that the majority's decision was a departure from established labor law principles and an unwarranted intrusion into collective bargaining processes. He contended that the Court had overstepped its bounds by interpreting a contract dispute between parties in favor of one side without sufficient legal basis. The union's demand for arbitration should have been upheld as it was within their rights under federal labor laws to seek resolution through this process. Furthermore, he disagreed with the majority’s interpretation of “working conditions,” arguing that it should be broadly construed to include any matter which affects workers on-the-job experience or economic security - including subcontracting issues raised in this case.