H. R. 2002—30
tions in the Washington, D.C. standard metropolitan statistical
area, services similar to those in the bargaining unit.
(5) The special nature of the work performed by the employ-
ees in the bargaining unit, including any hazards or the relative
ease of employment, physical requirements, educational quali-
fications, job training and skills, shift assignments, and the
demands placed upon the employees as compared to other
employees of the interstate compact agency.
(6) The interests and welfare of the employees in the
bargaining unit, including—
(A) the overall compensation presently received by the
employees, having regard not only for wage rates but also
for wages for time not worked, including vacations, holi-
days, and other excused absences;
(B) all benefits received by the employees, including
previous bonuses, insurance, and pensions; and
(C) the continuity and stability of employment.
(7) The public welfare.
(b) COMPACT AGENCY’S FUNDING ABILITY.—An arbitrator ren-
dering an arbitration award involving the employees of an interstate
compact agency operating in the national capital area may not,
with respect to a collective bargaining agreement governing condi-
tions of employment, provide for salaries and other benefits that
exceed the interstate compact agency’s funding ability.
(c) REQUIREMENTS FOR FINAL AWARD.—In resolving a dispute
submitted to arbitration involving the employees of an interstate
compact agency operating in the national capital area, the arbitrator
shall issue a written award that demonstrates that all the factors
set forth in subsections (a) and (b) have been considered and applied.
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. The arbitrator’s conclusion
regarding the public welfare must be supported by substantial
evidence.
SEC. 405. PROCEDURES
FOR ENFORCEMENT
OF AWARDS.—(a)
MODIFICATIONS AND FINALITY OF AWARD.—In the case of an arbitra-
tion award to which section 404 applies, the interstate compact
agency and the employees in the bargaining unit, through their
representative, may agree in writing upon any modifications to
the award within 10 days after the award is received by the parties.
After the end of that 10-day period, the award, with any such
modifications, shall become binding upon the interstate compact
agency, the employees in the bargaining 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 interstate compact agency or
the exclusive representative of the employees concerned may file
a civil action in a court which 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;
(2) the arbitrator exceeded the arbitrator’s powers;
H. R. 2002—31
(3) the decision by the arbitrator is arbitrary or capricious;
(4) the arbitrator conducted the hearing contrary to the
provisions of this title or other statutes or rules that apply
to the arbitration so as to substantially 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 provisions of
section 404.
This Act may be cited as the ‘‘Department of Transportation
and Related Agencies Appropriations Act, 1996’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.