
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC1303]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
    CHAPTER 24--NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS
 
Sec. 1303. Standards for arbitrators


(a) 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, 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 jurisdictions 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 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.

(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) 
of this section 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.

(Pub. L. 104-50, title IV, Sec. 404, Nov. 15, 1995, 109 Stat. 464.)

                  Section Referred to in Other Sections

    This section is referred to in section 1304 of this title.
