The Illinois State Toll Highway Authority v. International Brotherhood of Teamsters, Local 700

Union filed a grievance against Illinois Tollway, contending that Tollway's policy requiring employee absent due to illness for 2 or fewer days present documentation explaining reasons for absence violates collective bargaining agreement (CBA) requiring proof if absent to due illness for more than 2 days. Court vacated arbitrator's award in favor of union, and held that there is a strong public policy in favor of promoting safe driving, and the CBA, as construed, will tend to undermine this policy, because at times it may be necessary for Tollway to seek a doctor's note before permitting employee to return to work. The 2-day "grace period" does not violate public policy and, as the arbitrator's interpretation of the CBA, it must stand. Preserving the 2-day grace period does not violate public policy embodied in federal regulations and state statute. Tollway failed to support its public-policy argument with data or plausible speculation. (SCHOSTOK and HUTCHINSON, concurring.)