Page:United States Statutes at Large Volume 109 Part 1.djvu/481

 PUBLIC LAW 104-50 —NOV. 15, 1995 109 STAT. 465 tions in the Washington, D.C. standard metropoUtan 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 qualifications, 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, holidays, and other excused absences; (B) all benefits received by the employees, including previous bonuses, insurgince, and pensions; and (C) the continuity and stability of employment. (7) The public welfare. (b) COMPACT AGENCY'S FUNDING ABILITY. —An arbitrator rendering 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 conditions 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 arbitrators 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 arbitration 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; 99-194 0-95 -16:QL3Partl

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