In the case of National Labor Relations Board v. Nashfinch Co., DBA Jack & Jill Stores, 1971, the U.S Supreme Court ruled in favor of the National Labor Relations Board (NLRB). The NLRB had found that Nashfinch Company violated Section 8(a)(5) and (1) of the National Labor Relations Act by refusing to bargain with a union representing its employees. The company argued that it was not obligated to negotiate because some members of the bargaining unit were supervisors who are excluded from collective bargaining under federal law. However, upon review, both lower courts and ultimately the Supreme Court agreed with NLRB's determination that these individuals were not supervisors but rather "lead men" or higher-level employees without managerial authority. Therefore they did have rights under labor laws to engage in collective bargaining through their chosen representative.

The dissenting opinion in the case of NATIONAL LABOR RELATIONS BOARD v. NASHFINCH CO., DBA JACK & JILL STORES argued that the majority's decision to enforce an order by the National Labor Relations Board (NLRB) was incorrect. The dissent believed that Nashfinch Co.'s refusal to bargain with a union did not constitute unfair labor practices, as determined by the NLRB and upheld by the majority. They contended that there were significant questions about whether or not a proper bargaining unit had been established, given that only two out of seven employees voted for representation in an election marred by irregularities and possible coercion from union officials. Furthermore, they questioned if it was appropriate for such a small group of employees to be able to dictate terms for all others within their classification at other stores owned by Nashfinch Co.. In conclusion, they felt this ruling set a dangerous precedent which could potentially undermine fair labor practices and workers' rights.