40 U.S.C. § 18303 : US Code - Section 18303: Standards for arbitrators

Search 40 U.S.C. § 18303 : US Code - Section 18303: Standards for arbitrators

(a) Definition. - In this section, the term "public welfare"
includes, with respect to arbitration under an interstate compact -

(1) the financial ability of the individual jurisdictions
participating in the compact to pay for the costs of providing
public transit services; and
(2) 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 metropolitan area, and the
effect of an arbitration award rendered under that arbitration on
the respective income or property tax rates of the jurisdictions
that provide subsidy payments to the interstate compact agency
established under the compact.
(b) Factors in Making 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 metropolitan area, published by the
Bureau of Labor Statistics.
(4) The wages, benefits, and terms and conditions of the
employment of other employees who perform, in other jurisdictions
in the Washington standard metropolitan statistical area,
services similar to those in the bargaining unit.
(5) The special nature of the work performed by the employees
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, insurance, and pensions; and
(C) the continuity and stability of employment.
(7) The public welfare.
(c) Ability To Finance Salaries and Benefits Provided in Award. -
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 ability of the interstate
compact agency, or of any governmental jurisdiction that 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.
(d) 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 national capital area, the arbitrator
shall issue a written award that demonstrates that all the
factors set forth in subsections (b) and (c) have been considered
and applied.
(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 arbitrator's conclusion
regarding the public welfare must be supported by substantial
evidence.