or the relative ease of employment, physical require-
ments, educational qualifications, job training and 
skills, shift assignments, and the demands placed 
upon the employees as compared to only other em-
ployees of the same interstate Compact agency. 
‘‘(6) The interests and welfare of the employees 
in the bargaining unit, including— 
‘‘(A) the overall compensation presently re-
ceived by the employees, having regard not only 
for wage rates but also for wages for time not 
worked, including vacations, holidays, and other 
excused absences; 
‘‘(B) all benefits received by the employees, 
including previous bonuses, insurance, and pen-
sions; and 
‘‘(C) the continuity and stability of em-
ployment, such that the arbitrator shall not 
issue an award increasing wages or benefits 
where the interstate Compact agency operating 
in the national capital area can show that such 
recommended 
increases 
could 
result 
in 
headcount reductions. 
‘‘(7) The public welfare. 
‘‘(c) ABILITY TO FINANCE WAGES AND BENEFITS 
PROVIDED IN AWARD.—An arbitrator rendering an arbi-
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tration award involving the employees of an interstate 
Compact agency operating in the national capital area 
shall not, with respect to a collective bargaining agreement 
governing conditions of employment, provide for wages or 
other benefits that exceed the reasonable and ongoing abil-
ity of the interstate Compact agency operating in the na-
tional capital area to obtain the necessary financial re-
sources to pay for wage and benefit increases for employ-
ees of the interstate Compact agency while providing safe, 
reliable, and affordable transit services at levels sufficient 
to serve the needs of the Washington metropolitan area. 
The following conditions shall be met to comply with this 
subsection: 
‘‘(1) An arbitrator’s award shall not provide for 
wages and benefits that will result in an annual in-
crease in operating subsidy of more than 1.5 percent 
inclusive of both labor and nonlabor-related oper-
ating costs, unless there is substantial evidence that 
the interstate Compact agency is able to finance the 
additional costs consistent with its budget and pro-
jected budgeted costs without adversely impacting 
the agency’s ability to provide safe, reliable, and af-
fordable public transportation at sufficient levels. 
‘‘(2) During those periods of time when an 
interstate Compact agency operating in the national 
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capital area is financially stressed, the arbitrator 
shall issue an award that either reduces or does not 
increase the interstate Compact agency’s personnel 
costs. 
‘‘(3) The arbitrator’s award must give substan-
tial deference to the evidence presented by the inter-
state Compact agency’s management regarding fi-
nancial issues. 
‘‘(4) The arbitrator’s award may not cause the 
interstate Compact agency operating in the national 
capital area to be in noncompliance with any other 
legal obligations. 
‘‘(d) CLARIFICATION.—An arbitrator rendering an 
arbitration award involving the employees of an interstate 
Compact agency operating in the national capital area 
shall consider the factors in subsection (b) independently 
from the factors in subsection (c). 
‘‘(e) REQUIREMENTS FOR FINAL AWARD.— 
‘‘(1) WRITTEN AWARD.—In resolving a dispute 
submitted to arbitration involving the employees of 
an interstate Compact agency operating in the na-
tional capital area, the arbitrator shall issue a writ-
ten award that demonstrates that all the factors set 
forth in subsections (b) and (c) have been considered 
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and applied and that the arbitrator has not consid-
ered and applied any other factors. 
‘‘(2) PREREQUISITES.—An award may grant an 
increase in pay rates or benefits (including insurance 
and pension benefits), or reduce hours of work, only 
if the arbitrator concludes that any costs to the 
agency do not adversely affect the public welfare. 
‘‘(3) SUBSTANTIAL
EVIDENCE.—The arbitra-
tor’s conclusion regarding the public welfare must be 
supported by substantial evidence. 
‘‘(f) COMPLIANCE WITH SECTION 5333(b) OF TITLE 
49, UNITED STATES CODE.— 
‘‘(1) CLARIFICATION.—Neither the existence of 
this statute, nor any arbitrator’s award issues pur-
suant to this law, shall be deemed to violate the re-
quirements of section 5333(b) of title 49, United 
States Code. 
‘‘(2) PROHIBITION ON DENIAL.—For the avoid-
ance of doubt, the Department of Labor or the De-
partment of Transportation shall not deny any cer-
tification of compliance with section 5333(b) of title 
49, United States Code, and an interstate Compact 
agency operating in the national capital area shall 
not be denied any Federal grant as a result of this 
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statute or any arbitrator’s award issued pursuant to 
this statute. 
‘‘§ 18304. Procedures for enforcement of awards 
‘‘(a) MODIFICATIONS AND FINALITY OF AWARD.— 
Within 10 days after the parties receive an arbitration 
award to which section 18303 of this title applies, the 
interstate Compact agency and the employees, through 
their representative, may agree in writing on any modifica-
tions to the award. After the end of that 10-day period, 
the award, and any modifications, become binding on the 
interstate Compact agency, the employees in the bar-
gaining unit, and the employees’ representative. 
‘‘(b) IMPLEMENTATION.—Each party to an award 
that becomes binding under subsection (a) shall take all 
actions necessary to implement the award. 
‘‘(c) JUDICIAL REVIEW.—Within 60 days after an 
award becomes binding under subsection (a), the inter-
state Compact agency or the exclusive representative of 
the employees concerned may bring a civil action in a 
court that has jurisdiction over the interstate Compact 
agency for review of the award. The court shall review the 
award on the record, and shall vacate the award or any 
part of the award, after notice and a hearing, if— 
‘‘(1) the award is in violation of applicable law; 
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‘‘(2) the arbitrator exceeded the arbitrator’s 
powers; 
‘‘(3) the decision by the arbitrator is arbitrary 
or capricious; 
‘‘(4) the arbitrator conducted the hearing con-
trary to the provisions of this chapter or other laws 
or rules that apply to the arbitration so as to sub-
stantially prejudice the rights of a party; 
‘‘(5) there was partiality or misconduct by the 
arbitrator prejudicing the rights of a party; 
‘‘(6) the award was procured by corruption, 
fraud, or bias on the part of the arbitrator; or 
‘‘(7) the arbitrator did not comply with the pro-
visions of section 18303 of this title.’’. 
Æ 
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