Re Montgomery County Combined Health Dist

In Re Montgomery County Combined Health Dist. (1992), SERB 92-003 (eligibility date in rerun election postponed in order to avoid disenfranchising significant number of new employees). In that decision, the Ohio State Employment Relations Board (SERB) initially explained that, in generally seeking to apply consistent (if arbitrary) voter eligibility dates hinging upon the board hearing date approving an election, SERB avoided the appearance of bias and protected in most cases the electoral process against "tactical flooding or procedural delay." Id. In In Re Montgomery County Combined Health Dist. (1992), SERB 92-003, however, SERB went on to find that, in the absence of evidence that the employer was attempting to "pack" the bargaining unit with transient new hires, or delay the election for inequitable reasons, a departure from the default eligibility date was warranted in order to ensure future representation as desired by the bargaining unit members that would be actually subject to such future representation.