Arbitrator Panel – Back Pay Awards, Attorney Fees, and Set Offs

Arbitrator Panel – Back Pay Awards, Attorney Fees, and Set Offs

Hosted by

 COLERA

Program

What Happens When a Party Wins in a Labor Arbitration? (Back Pay Awards, Attorney Fees, and Set Offs)

This presentation will include a roundtable conversation amongst panelists and a moderator exploring “What happens when a party wins in a labor arbitration?” The panelists include three arbitrators and a moderator with in-depth experience in work related to the NLRB and/or employment arbitrations. The panelists will discuss back pay awards, attorney fees, and the retention of jurisdiction, along with the differences which can occur at various arbitrations based on the forum in which they are held (state vs. federal and private vs. public).

Description: During this event, the panelists will cover topics such as: whether the arbitrator should award full back pay, lost overtime, lost promotional opportunities, interest, medical bills, and/or other consequential damages such as debts caused by job loss. The panelists will also discuss what factors an arbitrator should consider when making such awards, where an arbitrator’s authority to render such awards comes from, what effect if any a party’s delay in getting to arbitration should play in the granting of an award, how to address “loser pays” provisions in a CBA, when evidence should be presented on the alleged damages, and what constitutes set offs to back pay – wages from a W-2 interim job? UI? Lottery winnings?

The panelists will also discuss whether attorney fees are appropriate in labor arbitration, if so, under what circumstances (i.e., frivolous cases? In house counsel?), who pays discovery costs or fees for a witness’s lost time at work, what proof is required in order to determine the appropriate rate of payment (market, actual, etc.), and whether these matters may be addressed differently depending upon the employer (e.g. federal sector vs. private vs. state sector).

Finally, the panelists will discuss the circumstances under which arbitrators might retain jurisdiction subsequent to an arbitration, how/when parties should ask an arbitrator to retain jurisdiction, how long such jurisdiction should be retained for, whether an arbitrator should be paid separately for post hearing work, and whether a hearing with sworn testimony is required or useful in such situations.

Dates and Times

April 21, 2026   12:00 pm – 1:00 pm

Speakers

Susan Fernandez

Susan E. Fernandez – Arbitrator Fernandez is an arbitrator working in labor and employment. She currently is a State Employment Relations Board (SERB Ohio) neutral and serves on the roster of arbitrators for the American Arbitration Association, and the Federal Mediation and Conciliation Services. She is also a panel member with the State of Ohio and the Ohio Civil Service Employees Association (OCSEA) AFSCME.

Arbitrator Fernandez was an adjunct law professor from 2011-2018. During that time, she taught labor law at the University of Akron School of Law and the Cleveland Marshall School of Law (Cleveland State University). She was also a 30-year career attorney (1987-2017) at the National Labor Relations Board (NLRB), Region 8, Cleveland, Ohio dealing with issues related to the collective bargaining process as it pertains to both employers and labor organizations. While at the NLRB she held the positions of Field Attorney, Senior Trial Attorney, and Supervisory Attorney. Arbitrator Fernandez investigated, prosecuted, and settled a wide variety of unfair labor charges filed by employers, labor organizations, and employees. She served as a hearing officer and decision writer in representation cases. Arbitrator Fernandez also served as an NLRB speaker at programs sponsored by the Ohio State Bar Association (OSBA), as well as employer, labor organization, and civic groups.

Arbitrator Fernandez is a member of the American Bar Association, OSBA, the Ohio State Bar Foundation, LERA, and the Central Ohio Labor Employment Relations Association (COLERA).

Arbitrator Fernandez graduated from The Ohio State University with a Bachelor of Arts, and from the University of Akron School of Law with a Juris Doctor.

Sandra Furman

Sandra Furman – NAA, Arbitrator and Mediator, SERB Fact-Finder, and Conciliator. Neutral since 1979, Arbitrator Furman has an active mediation and arbitration practice in labor/employment, equal employment opportunity, fact-finding, conciliation, and is a Rule XVI approved mediator in several Ohio courts. Her entire practice involves ADR. Arbitrator Furman works with industries including: the aviation, health care, education, police, fire, manufacturing, defense, automotive, public service (municipal, county, township, and state), communications, cemetery, mental health/developmental disability, grocery, postal service, bakery, railroad, transportation, water and sewer, and veterans (past/present). In addition, Arbitrator Furman is a Member of Arbitrator Panels for the SEIU/RESCARE, OSTA/State of Ohio, SEIU/State of Ohio, and AFGE/DOD. She has sat on multiple other panels in her career, including the Postal Service, OEA, and OCSEA. She is also a member of the roster of arbitrators for the AAA, SERB, FMCS, and AMS.

In addition to her more than twenty-four years of experience as a full-time neutral, Arbitrator Furman also has past employment experience as in-house counsel for Ohio Council 8, AFSCME, AFL-CIO, and the OEA. In addition, she was in private practice from 1987-1992 and from 1994-1997. Arbitrator Furman is a frequent CLE/panel presenter at FMCS and SERB seminars. She trains and coaches parties in multiple ADR areas. In addition, she is a member of the NAA, COLERA, and the Columbus Bar Association.

Arbitrator Furman attended Brandeis University where she received a Bachelor of Arts, and Capital University where she received her Juris Doctor. She is also an avid reader, cyclist, dog owner, and parent of a perfect adult child.

Margaret Nancy Johnson

Margaret Nancy Johnson – Arbitrator Johnson became a full-time labor arbitrator in 1979. She currently serves on panels with the American Arbitration Association, the Federal Mediation and Conciliation Service, the State Employment Relations Board, and is a member of the National Academy of Arbitrators.

After a brief period in the private practice, Arbitrator Johnson took a continuing legal education class on labor arbitration and subsequently began an internship with arbitrator Charles Ipavec in Cleveland, Ohio. During her time in Cleveland, Arbitrator Johnson served on the executive panel of the former Industrial Relations Association at Cleveland State University and taught arbitration classes for programs offered by the Association as well as classes in the business school at Cleveland State.

Arbitrator Johnson graduated from Vassar College in 1969 and from Case Western Reserve University Law School in 1973.

Jerry B. Sellman

Jerry B. Sellman – NAA Arbitrator and Mediator, Fact-Finder, and Conciliator. For forty-six years, Arbitrator Sellman has been engaged as a business and labor attorney with an emphasis on arbitration, mediation, and other alternative dispute resolution mechanisms. Arbitrator Sellman has issued decisions in hundreds of cases in the private, public, local, and Federal government sectors and has addressed issues in a number of industries including: advertising, aerospace, agriculture, aluminum, automotive, bakery, banking, beverage, brewery, broadcasting, building products, canning, chemicals, clothing, coal, communications, construction, dairy, distillery, education, electrical equipment/appliances, electronics, entertainment/arts, feed & fertilizer, food manu/proc/service, foundry, furniture, glass/pottery, health care, hospital/nursing home, hotels/motels/casinos/resorts, machinery, maritime, meat packing, metal fabrication, mining, nuclear energy, office workers/clerical, organizations, packaging, paint & varnish, petroleum/petrochemicals, pharmaceuticals, plastics, plumbing, police & fire, postal service, printing & publishing, prison guard, public sector grievance, public sector interest, pulp & paper, real estate, refrigeration/HVAC, restaurants, retail stores, rubber/tire, steel, stone/quarry, textile, tobacco, transportation, trucking & storage, utilities, and warehousing. In addition, Arbitrator Sellman is a Member of a number of permanent Arbitration Panels, including the AFGE and Bureau of Prisons, AFGE and U.S. Border Protection, Postal Service, Fraternal Order of Police, Social Security Adm. Panel 12, State Employment Relations Board (Ohio), UMWA and American Consolidated Natural Resource, Inc. He is also a member of the roster of arbitrators for the FMCS Arbitration Roster; the American Arbitration Association; the National Mediation Board (NMB); and the State of Ohio SERB.

Over the length of his career, Arbitrator Sellman has worked as an attorney and/or a partner for Muldoon, Pemberton & Ferris; Crabbe, Brown, Jones et al; Sellman & Boone; and Dinsmore & Shohl. He has also been an adjunct professor at Capital University Law School in their Advanced Degree Program. Arbitrator Sellman is a member of the National Academy of Arbitrators, the American Arbitration Association, the American Bar Association, and the Ohio State Bar Association.

Arbitrator Sellman attended Otterbein University where he received a Bachelor of Arts degree, and Capital University where he received his Juris Doctor.

Location

Lower Level Meeting Room
FOP Building
222 East Town Street
Columbus, OH 43215

Take the elevator or the back stairs down to the lower level.

FREE Parking Available

Holiday Inn Columbus Downtown-Capitol Square by IHG,
175 East Town St, Columbus, OH 43215, is providing free parking in their lot! Also, metered parking available in front, or spaces in the lot behind the building off of Chapel Street.

Cost and Registration

Lunch-Included Ticket Costs

$25 for Members, with lunch included
$30 for Non-Members, with lunch included
$15 for Students, with lunch included

Non-Meal Ticket Costs

$10 for Non-Members, without lunch
$5 for Members, without lunch
Free for Students, without lunch

Refunds will not be offered unless requested more than 5 calendar days prior to the Event date.
Attendees must register by 12 PM on the day prior to the Event date to guarantee lunch will be available to them.