William J. Brennan, Jr.

“ While we recognized that Congress desired to further this basic policy with minimal interference with a union's management of its own affairs, we made clear that where governmental intrusion was necessary to realize the vital public policy favoring free and democratic elections, 'it would be anomalous to limit the reach of the Secretary's cause of action by the specifics of the union member's complaint.' 389 U.S., at 483, 88 S.Ct., at 642. ”

“ Nonetheless, it concludes that 'a violation' is limited to 'any of the violations raised by the union member during his internal union election protest,' ibid., because the broader interpretation would disregard the congressional purpose in imposing the exhaustion requirement. It is in giving controlling significance to the exhaustion requirement rather than to the clear and primary policy judgment enacted by Congress that the Court, in my view falls into error. ”