In the case of Lodge 76, International Association of Machinists & Aerospace Workers, AFL-CIO v. Wisconsin Employment Relations Commission (1975), the U.S. Supreme Court ruled that labor unions could not be compelled by state law to represent non-union members in grievance proceedings unless they were allowed to collect fees from those individuals for their services. The court held that such a requirement would violate the union's First Amendment rights because it would force them to use their resources on behalf of individuals who chose not to join or financially support the union. This decision established an important precedent regarding "free riders," or workers who benefit from collective bargaining agreements without contributing dues or fees towards their negotiation and enforcement.

In the dissenting opinion for Lodge 76, International Association of Machinists & Aerospace Workers, AFL-CIO v. Wisconsin Employment Relations Commission et al., Justice Brennan disagreed with the majority's ruling that a state could prohibit public employees from striking. He argued that such prohibition was an infringement on workers' First Amendment rights to freedom of speech and assembly. Furthermore, he contended that strikes were a vital tool in labor negotiations and their prohibition would significantly weaken unions' bargaining power against employers. Justice Brennan also criticized the majority's reliance on previous court decisions which upheld similar prohibitions as these cases did not adequately consider the constitutional implications of banning strikes by public employees.