In the 1962 case of Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees et al. v. Allen et al., the U.S. Supreme Court was asked to decide on a dispute between a labor union and some of its members who were challenging the union's use of their dues for political purposes without their consent. The plaintiffs argued that this practice violated their First Amendment rights by forcing them to financially support political causes they did not agree with. However, the court ruled in favor of the union, stating that as long as it was acting within its role as collective bargaining representative and not using funds for electoral politics or ideological causes unrelated to work conditions or labor relations, it could legally use member dues in such ways without individual consent.

In the dissenting opinion for Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees v. Allen et al., Justice Harlan argued that the majority's decision was an overreach of judicial power into matters better left to legislative bodies or labor-management negotiations. He contended that it is not within the Court’s purview to decide whether a union should be required to notify its members about every grievance it decides not to take arbitration. Such decisions are complex and involve numerous considerations such as cost-effectiveness, likelihood of success, potential impact on other workers etc., which unions are in a better position than courts to evaluate. Furthermore, he pointed out that there were no allegations or evidence suggesting bad faith or discrimination by the union in handling grievances; hence there was no need for court intervention.