BEGIN:VCALENDAR VERSION:2.0 PRODID:-//wp-events-plugin.com//7.4.14//EN TZID:America/New_York X-WR-TIMEZONE:America/New_York BEGIN:VEVENT UID:32-794@lerachapter.org DTSTART;TZID=America/New_York:20260421T120000 DTEND;TZID=America/New_York:20260421T120000 DTSTAMP:20260323T205339Z URL:https://lerachapter.org/colera/events/back-pay-awards-attorney-fees-an d-set-offs/ SUMMARY:Arbitrator Panel - Back Pay Awards\, Attorney Fees\, and Set Offs DESCRIPTION:Arbitrator Panel - Back Pay Awards\, Attorney Fees\, and Set Of fs\nHosted by\n COLERA\n\nProgram\nWhat Happens When a Party Wins in a La bor Arbitration? (Back Pay Awards\, Attorney Fees\, and Set Offs)\nThis pr esentation will include a roundtable conversation amongst panelists and a moderator exploring “What happens when a party wins in a labor arbitrati on?” The panelists include three arbitrators and a moderator with in-dep th experience in work related to the NLRB and/or employment arbitrations. The panelists will discuss back pay awards\, attorney fees\, and the reten tion of jurisdiction\, along with the differences which can occur at vario us arbitrations based on the forum in which they are held (state vs. feder al and private vs. public).\nDescription: During this event\, the panelist s 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 lo ss. The panelists will also discuss what factors an arbitrator should cons ider 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 o n the alleged damages\, and what constitutes set offs to back pay - wages from a W-2 interim job? UI? Lottery winnings?\nThe panelists will also dis cuss 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 p roof is required in order to determine the appropriate rate of payment (ma rket\, actual\, etc.)\, and whether these matters may be addressed differe ntly depending upon the employer (e.g. federal sector vs. private vs. stat e sector).\nFinally\, the panelists will discuss the circumstances under w hich arbitrators might retain jurisdiction subsequent to an arbitration\, how/when parties should ask an arbitrator to retain jurisdiction\, how lon g such jurisdiction should be retained for\, whether an arbitrator should be paid separately for post hearing work\, and whether a hearing with swor n testimony is required or useful in such situations.\n\nDates and Times\n April 21\, 2026   12:00 pm - 1:00 pm\n\nSpeakers\nSusan Fernandez\n\n\n[ caption id="attachment_2651" align="aligncenter" width="250"] Susan Fernan dez[/caption]\nSusan E. Fernandez – Arbitrator Fernandez is an arbitrato r working in labor and employment. She currently is a State Employment Rel ations Board (SERB Ohio) neutral and serves on the roster of arbitrators f or the American Arbitration Association\, and the Federal Mediation and Co nciliation Services. She is also a panel member with the State of Ohio and the Ohio Civil Service Employees Association (OCSEA) AFSCME.\nArbitrator 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 Clev eland 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 co llective bargaining process as it pertains to both employers and labor org anizations. While at the NLRB she held the positions of Field Attorney\, S enior Trial Attorney\, and Supervisory Attorney. Arbitrator Fernandez inve stigated\, 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 F ernandez 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.\nArbitrator Fernandez is a member of the American Bar As sociation\, OSBA\, the Ohio State Bar Foundation\, LERA\, and the Central Ohio Labor Employment Relations Association (COLERA).\nArbitrator Fernande z graduated from The Ohio State University with a Bachelor of Arts\, and f rom the University of Akron School of Law with a Juris Doctor.\nSandra Fur man\n\n\n[caption id="attachment_2652" align="aligncenter" width="213"] Sa ndra Furman[/caption]\nSandra Furman – NAA\, Arbitrator and Mediator\, S ERB Fact-Finder\, and Conciliator. Neutral since 1979\, Arbitrator Furman has an active mediation and arbitration practice in labor/employment\, equ al employment opportunity\, fact-finding\, conciliation\, and is a Rule XV I approved mediator in several Ohio courts. Her entire practice involves A DR. Arbitrator Furman works with industries including: the aviation\, heal th care\, education\, police\, fire\, manufacturing\, defense\, automotive \, public service (municipal\, county\, township\, and state)\, communicat ions\, cemetery\, mental health/developmental disability\, grocery\, posta l service\, bakery\, railroad\, transportation\, water and sewer\, and vet erans (past/present). In addition\, Arbitrator Furman is a Member of Arbit rator Panels for the SEIU/RESCARE\, OSTA/State of Ohio\, SEIU/State of Ohi o\, and AFGE/DOD. She has sat on multiple other panels in her career\, inc luding the Postal Service\, OEA\, and OCSEA. She is also a member of the r oster of arbitrators for the AAA\, SERB\, FMCS\, and AMS.\nIn addition to her more than twenty-four years of experience as a full-time neutral\, Arb itrator 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 c oaches parties in multiple ADR areas. In addition\, she is a member of the NAA\, COLERA\, and the Columbus Bar Association.\nArbitrator Furman atten ded Brandeis University where she received a Bachelor of Arts\, and Capita l University where she received her Juris Doctor. She is also an avid read er\, cyclist\, dog owner\, and parent of a perfect adult child.\nMargaret Nancy Johnson\n\n\n[caption id="attachment_2653" align="aligncenter" width ="225"] Margaret Nancy Johnson[/caption]\nMargaret Nancy Johnson – Arbit rator Johnson became a full-time labor arbitrator in 1979. She currently s erves on panels with the American Arbitration Association\, the Federal Me diation and Conciliation Service\, the State Employment Relations Board\, and is a member of the National Academy of Arbitrators.\nAfter a brief per iod in the private practice\, Arbitrator Johnson took a continuing legal e ducation class on labor arbitration and subsequently began an internship w ith arbitrator Charles Ipavec in Cleveland\, Ohio. During her time in Clev eland\, Arbitrator Johnson served on the executive panel of the former Ind ustrial Relations Association at Cleveland State University and taught arb itration classes for programs offered by the Association as well as classe s in the business school at Cleveland State.\nArbitrator Johnson graduated from Vassar College in 1969 and from Case Western Reserve University Law School in 1973.\nJerry B. Sellman\n\n\n[caption id="attachment_2654" align ="aligncenter" width="190"] Jerry Sellman[/caption]\nJerry B. Sellman – NAA Arbitrator and Mediator\, Fact-Finder\, and Conciliator. For forty-six years\, Arbitrator Sellman has been engaged as a business and labor attor ney with an emphasis on arbitration\, mediation\, and other alternative di spute resolution mechanisms. Arbitrator Sellman has issued decisions in hu ndreds of cases in the private\, public\, local\, and Federal government s ectors and has addressed issues in a number of industries including: adver tising\, aerospace\, agriculture\, aluminum\, automotive\, bakery\, bankin g\, beverage\, brewery\, broadcasting\, building products\, canning\, chem icals\, clothing\, coal\, communications\, construction\, dairy\, distille ry\, education\, electrical equipment/appliances\, electronics\, entertain ment/arts\, feed &\; fertilizer\, food manu/proc/service\, foundry\, fu rniture\, glass/pottery\, health care\, hospital/nursing home\, hotels/mot els/casinos/resorts\, machinery\, maritime\, meat packing\, metal fabricat ion\, mining\, nuclear energy\, office workers/clerical\, organizations\, packaging\, paint &\; varnish\, petroleum/petrochemicals\, pharmaceutic als\, plastics\, plumbing\, police &\; fire\, postal service\, printing &\; publishing\, prison guard\, public sector grievance\, public secto r interest\, pulp &\; paper\, real estate\, refrigeration/HVAC\, restau rants\, retail stores\, rubber/tire\, steel\, stone/quarry\, textile\, tob acco\, transportation\, trucking &\; storage\, utilities\, and warehous ing. 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\, Soci al 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 A rbitration Association\; the National Mediation Board (NMB)\; and the Stat e of Ohio SERB.\nOver the length of his career\, Arbitrator Sellman has wo rked 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 Associatio n\, the American Bar Association\, and the Ohio State Bar Association.\nAr bitrator Sellman attended Otterbein University where he received a Bachelo r of Arts degree\, and Capital University where he received his Juris Doct or.\n\nLocation\nLower Level Meeting Room\nFOP Building\n222 East Town Str eet\nColumbus\, OH 43215\nTake the elevator or the back stairs down to the lower level.\n\nFREE Parking Available\nHoliday Inn Columbus Downtown-Cap itol Square by IHG\,\n175 East Town St\, Columbus\, OH 43215\, is providin g free parking in their lot! Also\, metered parking available in front\, o r spaces in the lot behind the building off of Chapel Street.\n\nCost and Registration\nLunch-Included Ticket Costs\n$25 for Members\, with lunch in cluded\n$30 for Non-Members\, with lunch included\n$15 for Students\, with lunch included\n\nNon-Meal Ticket Costs\n$10 for Non-Members\, without lu nch\n$5 for Members\, without lunch\nFree for Students\, without lunch\nRe funds will not be offered unless requested more than 5 calendar days prior to the Event date.\nAttendees must register by 12 PM on the day prior to the Event date to guarantee lunch will be available to them.\n \;\n ATTACH;FMTTYPE=image/jpeg:https://lerachapter.org/colera/wp-content/upload s/sites/32/2025/11/colera-42126-smaller.png CATEGORIES:In-person LOCATION:FOP Building\, Lower Level Meeting Room\, 222 East Town Street\, Columbus\, Ohio\, 43215\, United States X-APPLE-STRUCTURED-LOCATION;VALUE=URI;X-ADDRESS=222 East Town Street\, Colu mbus\, Ohio\, 43215\, United States;X-APPLE-RADIUS=100;X-TITLE=FOP Buildin g\, Lower Level Meeting Room:geo:0,0 END:VEVENT BEGIN:VTIMEZONE TZID:America/New_York X-LIC-LOCATION:America/New_York BEGIN:DAYLIGHT DTSTART:20260308T030000 TZOFFSETFROM:-0500 TZOFFSETTO:-0400 TZNAME:EDT END:DAYLIGHT END:VTIMEZONE END:VCALENDAR