the employer the one at issue here includes corrections officers employed in the sheriff's office jointly by the county can't key in a share king county the employee who is affected by the underlying grievances nick brace that nick was employed as a corrections officer with the county's sense two thousand and five he was terminated in two thousand and ten the union finally agreements protesting his terminations the parties were unable to reach a mutually to close the hearing with closing arguments not post hearing briefs and we did not get a court reporter for that arbitration so something that we had to do one thing over again that would have been it but it's too late to do that now so there is no i could have highlighted a little bit better in the brief and discuss it recently decided case that came out just in the west's player six weeks or so august eleventh twenty four teams in the first district in the home please take any questions that you may have we really like questions so if you have something that you need to know please ask really accepted it would be remotely relevant here is the judicially created exception of public policy and the cases are very clear that that exception is a narrow run if it's going to be applied at all and should be applied only in extremely limited circumstances it's very fashionable right now for employers to raise to appeal arbitration awards on public policy and public policy grounds it's it has become the exception it's even  policy not real but alleged public policy which would justify why the case should be overturned in this case the circuit courts first mistake does not mean that you doing any of that is just simply is it was an option if there is a social position available to go ahead and you can do that tell that you do it with an employer must find that there is no such position available so ok then he goes back to the job  that's the group has to be arbitrary and that's exactly what the case law says i mean you can see him look to the district court's decision to the courts really weighing the merits of the evidence and saying well i you know i don't think this guy really on brand of industrial justice which is the old you know phrase that that is thrown around in the cases so i don't i don't think the trial court agreed with much over the arbitrator said certainly i don't think he agreed so we're all about it all in favor of workplace safety and efficiency is a great thing we all want to be more efficient at work bots but that doesn't necessarily mean it is that there's a public policy that requires people who are inefficient or do things that are unsafe that they have to be terminated and that's it you know against the law to reinstate them  those opposing versus the only fraternal order of police legal counsel decided by the first district aug eleventh twenty fourteen that's twenty fourteen zero three nine zero seven nine seven five that case involved a just taking your argument that he didn't require the new position that doesn't exist anyway it would mean nobody even suggesting there's such a position the employer so there is not one and now we don't have any evidence that the results were were you don't have access sustain it completely can you for back pay and anything in between ok between the parties union in the poison you know and in the the employer so nothing arbitrator supposed to do something that flows from the agreement here is the agreement that says this and and that i have difficulty understand process of different kinds of remedies or are positions after certain friends or me doesn't have to flow from that agreement i mean i don't think you're betrayed or could make up stuff and ended the agreement talks about a limitation of thirty arbitrators deciding the appropriate remedy given the violation in this case and that's a remedy that share himself would not be granted absolutely absolutely i'm so so that would be the appropriate remedy f is that this was really quite different it was an offhand comment to somebody who hardly knew him mr compan had his own agenda for sure and maybe