context of policing and collective bargaining agreement it's commonplace for the union to initiate grievances this was a class based agreements which means that it dealt with a number of different  employees that were covered by the collective bargaining agreement and so it's what we would call a class action and it was you know the initiation by the union is supported by the collective bargaining agreement which state incident date because it's something that was occurring in one more than one occasion with respect to more than one individual so there would be no deadline to file yes that would be something that would be argued before the arbitrator and there would be evidence provided to him or her in the way of making that determination and that's why it's our position that that proceed general guideline is something that's been in the arbitrators purview to make that determination however since that had never been day policies isn't going to have the right under the management right to do something in addition to the actual language of the him to render a thing as to whether the tollways near richmond rights were affected by the language of section eleven point eight and in the next section it indicated that for more than two days and is obligated to provide medical documentation certifying his or her ability to return to work and explaining the reason for his her absence right now here in that kind of close to the standard that i was articulat if from or under what circumstances they would require it there was no consistency with which they were required it expressed some concern does it give a blanket prohibition against ever asking for a doctor's note for anyone who's been absent less than two days it's our position that it's not a blanket prohibition the reason being is that the tollway does have alternative ways that they could ensure that an employee is able to return to work safely  we didn't have concerns about that they would be able to send them out on a fitness for duty which would be different then requiring a medical no and i think the data goes to the second argument which is back there is no grounds of the bunker or the public motor truck drivers as identified in the c f r there is nothing indicating that their practice was actually in the details of that policy purposes and it has nothing to do with maybe somebody is taking consistently a number of days off and they want to see it then that's actually our position is that that's why i'm told he was requiring the notes in this case and the fact they have asserted the public policy exception here is unappealing because that evidence at the hearing of the evidence before their outrage or demonstrated that they had been requiring it to police what they viewed as sick time abuse so the it may not be an issue it may be within their right to do that however if that right is limited by the language of the collective bargaining agreement that was negotiated by the parties i have to say that for more than two days they certainly can require  the employer provided such documentation on however as a secondary matter undermines their public policy argument to say not come after the award has already been entered that all of a sudden they're concerned with the ability of the employee to return to work when the evidence suggested that what they were really concerned about was the abuse of sick leave and that's supported by the habitants at the hearing one oh i believe the the arbitrator me in his award was that there was evidence presented that an employee was actually threatened with discipline for not providing you know that's the language of article three management really it's the thing to hire with rudy has the ability to discipline suspended for example i think that that would allow them to die and render some sort of discipline against them and then they would of course have to demonstrate that before an arbitrator or at a grievance hearing or something of that nature however  time you know the whole hundred the whole point here is that that is within their rights for absences of more than two days for two days or less they're committed to require discretion to require documentation from employees getting into their medical history and that is i would say why the tollways public policy that they identify is not dominant i'm not seriously they haven't provided a reason why it arbitrator is not empowered to put a provision in the contract way he's asked to do and what he's hired to do by the party is when they jointly select him to resolve this dispute is to identify what the parties rights aren't of the contract and here under the contract the employer is permitted and the employee is obligated to provide that note for more than two days for two days or less no such obligation exists and that's what the arbitrator manager threatened to take disciplinary action against an employee if you didn't bring adaptors know for a medical documentation explaining the reason for his absence after being absent for two days north of  award and there were two reasons for the circuit court's decision the first is that the arbitrator exceeded his authority in reaching that decision and the second reason is that to the extent of the blanket prohibition awarded as stated and i but it seems that the simplest way to do that is to require some type of medical documentation and that is you know in the form of a doctor's note or some hundred proof make sceptical to the employer so you know it could be something simpler than a doctor's note  documentation for the shorter to one day simply absences there are circumstances within that they could arise that miley a public policy certainly there could be an employee who takes to one day a sickly time that the employer and grief that incident but here there's a blanket prohibition prohibiting the tollway from requesting medical documentation even in cases where you know that's the way to dance to prove that they need to allow orders to say that there is it a two day grace period you have to shift the focus of that language as a benefit to the employer that the employer can can require discipline an employee who doesn't provide medical probation and prohibited the tollway from requiring medical documentation even in those cases where the tollway has an obligation to ensure that strikers are are fit for duty so the whole basis behind th is not permitted to require medical documentation to police this sickness policy isn't it just as much danger or this public policy problem is if public policy is we want to make sure that everybody is safe the public is safe and we're safe who couldn't she make an argument similar to the more you're making that every two weeks you have to provide a doctor's noticing  if the public policy is the real issue here well certainly  presumably if a certain situation arose under the management rights provision that totally does have to be ready to require some type if they have concerns about a certain employee's fitness for work they talking about two weeks what's the difference if you can see if the public policy issue is the primary concern of requesting this information why can't you just see that every single lawyer has is that how he interpreted the that may be a compelling position if the totally had not agreed to the contract the agreed to this language they you know ratified and signed off on this being a part of the collective bargaining agreement to which they  requirement in the contract or no indication in the contract that that is available for the parties to resolve by way of arbitration here when they're talking about is whether the procedural i want it's one not so for that reason to be would argue that would certainly agree with that are reasonable minds can differ on the interpretation of the contract and which are he did that on a different interpretation the contract even if the circuit court didn't find that he did not even if the circuit court judge excuse me i chase this court interpreted the uniform arbitration act standard for the cheating in arbitration award but soon my record to my knowledge this court has not yet spoken on the standard for vacating an arbitration award in a collective bargaining term text which is what is it is here under the uniform arbitration act however the standard is still very very narrow for vacating awards it's even more judge did that language into the contract she indicated that the to require documentation for bona fide reasons or for good car showroom i think there's probative of the fact that he's substituting his counsel indicated that there are circumstances that could arise and i would say that that is indicative of the speculative nature of the tollways public policy concern and in their minds on the idea that