Terry Machine Co.

TERRY MACHINE CO. 348 NLRB No. 55 919 Terry Machine Co., A Division of S.P.S. Technologies, Inc. and International Union, United Automo- bile, Aerospace and Agricultural Implement Workers of America (UAW), AFL–CIO, and Its Local 155, Petitioner. Case 7–RC–21581 September 30, 2006 ORDER BY CHAIRMAN BATTISTA AND MEMBERS SCHAUMBER AND KIRSANOW On May 24, 2005, in a refusal-to-bargain case in which the Respondent contested the Union’s certification,1 the Board remanded and reopened the record of this underly- ing representation case. Following the remand, on De- cember 16, 2005, Hearing Officer Richard A. Yorke is- sued his second report and recommendations on objec- tions and determinative challenged ballots pursuant to Board remand. 1 Terry Machine Co., Case 7–CA–43551 (May 24, 2005) (not re- ported in Board volumes). On September 29, 2006, the Board issued its decisions in Oakwood Healthcare, Inc., 348 NLRB No. 37, Croft Metals, Inc., 348 NLRB No. 38, and Golden Crest Healthcare Center, 348 NLRB No. 39, in light of the Supreme Court’s decision in NLRB v. Kentucky River Community Care, 532 U.S. 706 (2001). Oakwood Healthcare, Croft Metals, and Golden Crest specifically address the meaning of “assign,” “responsibly to direct,” and “independent judgment,” as those terms are used in Section 2(11) of the Act. The Board has decided to remand this case to the Re- gional Director for further consideration in light of Oak- wood Healthcare, Golden Crest, and Croft Metals, in- cluding allowing the parties to file briefs on the issue, and, if warranted, reopening the record to obtain evi- dence relevant to deciding the case under the Oakwood Healthcare, Croft Metals, and Golden Crest framework.2 2 In remanding this case, we are not passing on any other issues raised in the exceptions at this time.