Answer to Question 1
The Supreme Court decided that the Board did not have the power to require the company to agree to a specific collective bargaining demand. The Court stated that allowing the Board to compel agreement when the parties themselves are unable to agree would violate the fundamental premise on which the Act is basedprivate bargaining under governmental supervision of the procedure alone, without any official compulsion over the actual terms of the contract Section 8(d). The Court added that if the Board's remedial powers were insufficient to cope with important labor problems, it was Congress' job, not the Board's or the Courts', to rectify the situation.
Answer to Question 2
The issue before the Court is whether the Board, under the circumstances outlined in Answer 1, had the power to remedy the unfair labor practice by requiring the company to agree to check off the dues of the workers.
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