Answer to Question 1
In support of the Board's position that the paid union organizers were employees entitled to the protection under the NLRA from discrimination based on their union activities, the ordinary dictionary definition of employee was referenced: any person who works for another in return for financial or other compensation.. The phrasing of the Act is broadly written as any employee, and Section 302(c)(1) of the Labor Management Relations Act of 1947 contemplates the possibility that a company's employee might also work for a union.
Answer to Question 2
No. The Court majority states that in the absence of such a clear expression of congressional intent to bring teachers in church-operated schools within the jurisdiction of the Board, the Court declines to construe the Act in a manner that could require the Court to resolve difficult questions arising out of the guarantees of the First Amendment religion clauses.
