Every union attorney knows the sinking feeling when SERB issues an unfavorable ruling. Whether dismissing an unfair labor practice charge, denying a representation petition, or ruling against the union on a procedural matter, these decisions can feel final and devastating. But Ohio law provides a critical opportunity to challenge SERB rulings through Motions for Reconsideration, a tool that remains underutilized and often misunderstood by union representatives.

Successfully wielding this tool requires precise timing, strategic thinking, and careful attention to procedural requirements. Miss the deadline by even one day, and the opportunity vanishes forever. Present the wrong arguments, and SERB will deny the motion without meaningful consideration. But get it right, and a Motion for Reconsideration can transform defeat into victory.

The Unforgiving 30-Day Deadline

The most critical requirement for any Motion for Reconsideration is meeting the strict 30-day deadline. This deadline runs from the date SERB issues its final ruling, not from when the union receives notice or when counsel reviews the decision. According to SERB's current Unfair Labor Practice Guidebook from December 2022, parties have exactly 30 days to file their motion, no exceptions.

This deadline represents a trap for the unwary. Some older references, including certain versions of the ORC OAC Reference Book, indicate a 45-day period for reconsideration. Relying on these outdated sources could prove fatal to a motion. Always consult the most current SERB guidance and, when in doubt, use the shorter deadline. No argument about reasonable reliance on older materials will resurrect a motion filed on day 31.

The computation of this deadline follows specific rules that can save or sink a motion. The 30-day period begins on the day following SERB's ruling. If day 30 falls on a Saturday, Sunday, legal holiday, or a day when SERB's Columbus office is closed, the deadline extends to the end of the next business day. Mark these dates immediately upon receiving any SERB decision, calculating both the basic 30-day deadline and any potential extensions for weekends or holidays.

Building a Compelling Case for Reconsideration

Simply disagreeing with SERB's decision or restating arguments already rejected will not succeed. A Motion for Reconsideration must contain a clear and concise statement of specific reasons why the Board should revisit its decision. Generic complaints about unfairness or disagreement with SERB's reasoning waste the opportunity reconsideration provides.

Successful motions typically fall into several categories. First, demonstrating that SERB overlooked or misunderstood critical facts can justify reconsideration. This does not mean rearguing facts SERB considered and rejected, but rather highlighting genuinely overlooked evidence or showing how SERB's factual findings contain clear errors that affect the outcome.

Second, identifying legal errors provides strong grounds for reconsideration. Perhaps SERB applied the wrong legal standard, misinterpreted a statute, or failed to follow its own precedent. These arguments work best when citing specific case law or statutory provisions SERB failed to address or misapplied.

Third, procedural irregularities that affected the outcome merit reconsideration. If SERB denied the union a fair opportunity to present its case, excluded relevant evidence, or made procedural errors that prejudiced the outcome, reconsideration may be appropriate.

The Power of New Information

The most powerful tool in seeking reconsideration is presenting new and additional information that SERB had not previously considered. This new information often provides the key to persuading SERB to reverse its decision. However, "new" information has specific meaning in this context.

The information must have existed at the time of the administrative hearing but been incapable of discovery through due diligence. Simply creating new evidence after an unfavorable ruling does not qualify. For example, obtaining an affidavit from a witness who was available but not called during the original proceedings likely will not suffice. But discovering a document that the employer failed to produce despite proper requests, or learning about a witness whose existence was concealed, could justify reconsideration.

The McGrady case involving Amalgamated Transit Union Local 268 illustrates the power of new information. SERB initially dismissed McGrady's ULP charge for failure to exhaust internal union remedies. In his Motion for Reconsideration, McGrady provided new information showing that the union's International President refused to process his internal appeal specifically because he had filed with SERB. This new information demonstrated that McGrady had effectively exhausted his remedies since the union itself blocked further internal proceedings. SERB granted reconsideration and allowed the case to proceed on its merits.

Strategic Considerations for Timing and Approach

While 30 days might seem adequate, building an effective Motion for Reconsideration requires immediate action. Begin analyzing the decision the day it arrives. Identify potential grounds for reconsideration while the hearing and arguments remain fresh. Waiting weeks to begin this analysis risks missing important arguments or deadlines for obtaining new information.

Consider whether seeking reconsideration serves the union's broader strategic interests. Sometimes an unfavorable SERB ruling, while disappointing, might be better challenged through direct appeal to the Court of Common Pleas rather than reconsideration. The 15-day deadline for filing a court appeal runs concurrently with the 30-day reconsideration period. Filing a Motion for Reconsideration does not toll the appeal deadline, so unions must decide quickly whether to pursue reconsideration, direct appeal, or both.

Coordinate with all affected parties before filing. If multiple unions or locals are involved, ensure everyone understands the reconsideration strategy. Conflicting motions from different union representatives can undermine credibility and reduce chances of success.

Drafting the Motion: Precision and Persuasion

The motion itself must be drafted with precision and filed correctly. All motions must be submitted via electronic mail to SERB, except for motions made during a hearing. Include proof of service demonstrating that all other parties received copies. Failure to properly serve other parties can result in rejection of the motion regardless of its merits.

Open with a clear statement of the specific ruling being challenged and the date SERB issued it. This eliminates any confusion about which decision the union seeks to reconsider and confirms timeliness. Follow immediately with a concise summary of why reconsideration is warranted, giving SERB a roadmap for the detailed arguments that follow.

Organize arguments logically, leading with the strongest grounds for reconsideration. If presenting new information, explain clearly why this information was not previously available and how it changes the analysis. Attach all supporting documentation as exhibits, properly labeled and referenced in the motion text.

Avoid inflammatory language or personal attacks on SERB board members or staff. While frustration with an adverse ruling is understandable, professional tone and respectful disagreement are more likely to succeed. SERB has discretion in granting reconsideration; antagonizing the decision makers serves no purpose.

Understanding SERB's Perspective and Discretion

SERB possesses broad discretion in reviewing Motions for Reconsideration. The Board has affirmed its inherent power to reconsider its actions in legislative or administrative matters, particularly where no vested rights have intervened. This continuing power exists until an actual appeal is instituted or the appeal time expires.

Understanding this discretion shapes effective advocacy. SERB is more likely to grant reconsideration when doing so serves the broader purposes of Ohio's collective bargaining law or corrects clear injustice. Frame arguments not just as benefiting the particular union, but as ensuring proper application of the law for all Ohio public employees.

SERB also considers its institutional credibility. Motions that respectfully point out errors while acknowledging the Board's expertise and important role are more likely to succeed than those that attack SERB's competence or fairness. Give SERB a face-saving path to reconsideration by framing it as clarification or correction rather than reversal.

Learning from Denial: When Reconsideration Fails

If SERB denies reconsideration, valuable lessons remain. The denial may provide additional insight into SERB's reasoning, helping shape arguments for appeal to the Court of Common Pleas. SERB might address arguments not fully explored in the original decision, inadvertently strengthening or weakening the union's position for appeal.

Document the entire reconsideration process for future reference. Which arguments resonated? What new information did SERB find unpersuasive? This institutional knowledge helps unions refine their approach to future SERB proceedings and reconsideration motions.

Consider whether the denial reveals systemic issues requiring legislative or regulatory reform. If SERB consistently interprets statutes or regulations in ways harmful to union interests, the problem might require political rather than legal solutions. Use denied motions as evidence when advocating for statutory changes or new SERB rules.

Practical Checklist for Reconsideration Motions

Every union facing an adverse SERB ruling should immediately assess reconsideration possibilities. Calculate the 30-day deadline, accounting for weekends and holidays. Review the decision for overlooked facts, legal errors, or procedural problems. Investigate whether new information exists that could change the outcome.

Draft the motion early enough to allow for review and revision. Have multiple eyes review both the substance and procedural compliance. Confirm proper electronic filing and service on all parties. File well before the deadline to avoid technical problems or last-minute emergencies.

Maintain realistic expectations while pursuing reconsideration vigorously. SERB grants reconsideration sparingly, but when successful, it can completely change a case's trajectory. The McGrady case proves that even dismissed charges can be revived through effective reconsideration motions.

Conclusion: Maximizing the Second Chance

Motions for Reconsideration represent a critical but time-limited opportunity to challenge adverse SERB rulings. The strict 30-day deadline and specific content requirements demand immediate action and careful attention to detail. Success requires more than disagreement with SERB's decision; it demands new information, overlooked facts, or clear legal error.

For unions navigating Ohio's public sector labor law, mastering the reconsideration process is essential. Every adverse SERB ruling should trigger immediate analysis of reconsideration possibilities. While not every unfavorable decision warrants reconsideration, understanding when and how to seek it ensures unions never miss opportunities to convert defeat into victory.

The power to seek reconsideration is the power to demand that SERB get it right. Used strategically and skillfully, Motions for Reconsideration protect union interests, correct legal errors, and ensure that Ohio's collective bargaining law serves its intended purpose of protecting public employee rights. In the high-stakes world of public sector labor relations, second chances are rare. When SERB provides one through the reconsideration process, unions must be ready to seize it.