In the case of Nacirema Operating Co., Inc. v. Johnson, 1969, the U.S Supreme Court dealt with a dispute over labor rights and union representation in Detroit's waste disposal industry. The National Labor Relations Board (NLRB) had ruled that Nacirema Operating Company was guilty of unfair labor practices by refusing to bargain with a particular union which represented its employees. However, Nacirema argued that this ruling was invalid because the certification process for recognizing the union as representative of its employees was flawed due to irregularities during voting procedures and potential coercion on voters from other unions. The Supreme Court upheld the decision made by lower courts supporting NLRB’s ruling against Nacirema Operating Company stating it did not have grounds to challenge or refuse bargaining based on alleged election improprieties after failing initially to raise these issues before the board when they were first apparent.

In the dissenting opinion for Nacirema Operating Co., Inc. v. Johnson, Justice Douglas argued that the majority's decision to uphold a warrantless search of a private commercial property was inconsistent with Fourth Amendment protections against unreasonable searches and seizures. He contended that businesses should not be subject to such intrusive inspections without proper judicial oversight or probable cause, as it could lead to potential abuses of power by regulatory agencies. Furthermore, he disagreed with the majority's assertion that businesses in "closely regulated" industries have diminished expectations of privacy due to their participation in these sectors. Instead, he maintained that all individuals and entities have an inherent right to privacy under the Constitution regardless of their professional activities or affiliations.