Page:United States Statutes at Large Volume 109 Part 1.djvu/480

 109 STAT. 464 PUBLIC LAW 104-50 —NOV. 15, 1995 ing in the national capital area in order to lower operating costs for public transportation in the Washington metropolitan area. SEC. 403. DEFINITIONS.— As used in this title— (1) the term "arbitration" means— (A) the arbitration of disputes, regarding the terms and conditions of employment, that is required under an interstate compact governing an interstate compact agency operating in the national capital area; and (B) does not include the interpretation and application of rights arising from an existing collective bargaining agreement; (2) the term "arbitrator" refers to either a single arbitrator, or a board of arbitrators, chosen under applicable procedures; (3) an interstate compact agency's "funding ability" is the ability of the interstate compact agency, or of any governmental jurisdiction which provides subsidy payments or budgetary assistance to the interstate compact agency, to obtain the necessary financial resources to pay for wage and benefit increases for employees of the interstate compact agency; (4) the term "interstate compact agency operating in the national capital area" means any interstate compact agency which provides public transit services; (5) the term "interstate compact agency" means any agency established by an interstate compact to which the District of Columbia is a signatory; and (6) the term "public welfare" includes, with respect to arbitration under an interstate compact— (A) the financial ability of the individual jurisdictions participating in the compact to pay for the costs of providing public transit services; and (B) the average per capita tax burden, during the term of the collective bargaining agreement to which the arbitration relates, of the residents of the Washington, D.C. metropolitan area, and the effect of an arbitration award rendered pursuant to such arbitration on the respective income or property tax rates of the jurisdictions which provide subsidy payments to the interstate compact agency established under the compact. SEC. 404. STANDARDS FOR ARBITRATORS. — (a) FACTORS IN MAK- ING ARBITRATION AWARD.— An arbitrator rendering an arbitration award involving the employees of an interstate compact agency operating in the national capital area may not make a finding or a decision for inclusion in a collective bargaining agreement governing conditions of employment without considering the following factors: (1) The existing terms and conditions of employment of the employees in the bargaining unit. (2) All available financial resources of the interstate compact agency. (3) The annual increase or decrease in consumer prices for goods and services as reflected in the most recent consumer price index for the Washington, D.C. metropolitan area, published by the Bureau of Labor Statistics of the United States Department of Labor. (4) The wages, benefits, and terms and conditions of the employment of other employees who perform, in other jurisdic-

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