CHAPTER 183 —NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS
§18301. Findings and purposes
(a)
(1) affordable public transportation is essential to the economic vitality of the national capital area and is an essential component of regional efforts to improve air quality to meet environmental requirements and to improve the health of both residents of and visitors to the national capital area as well as to preserve the beauty and dignity of the Nation's capital;
(2) use of mass transit by both residents of and visitors to the national capital area is substantially affected by the prices charged for mass transit services, prices that are substantially affected by labor costs, since more than two-thirds of operating costs are attributable to labor costs;
(3) labor costs incurred in providing mass transit in the national capital area have increased at an alarming rate and wages and benefits of operators and mechanics currently are among the highest in the Nation;
(4) higher operating costs incurred for public transit in the national capital area cannot be offset by increasing costs to patrons, since this often discourages ridership and thus undermines the public interest in promoting the use of public transit;
(5) spiraling labor costs cannot be offset by the governmental entities that are responsible for subsidy payments for public transit services since local governments generally, and the District of Columbia government in particular, are operating under severe fiscal constraints;
(6) imposition of mandatory standards applicable to arbitrators resolving arbitration disputes involving interstate compact agencies operating in the national capital area will ensure that wage increases are justified and do not exceed the ability of transit patrons and taxpayers to fund the increase; and
(7) federal legislation is necessary under section 8 of Article I of the United States Constitution to balance the need to moderate and lower labor costs while maintaining industrial peace.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18301 | 40:1301. |
In subsection (a)(7), the reference is to section 8 of article I of the United States Constitution to correct an error in the source provision.
§18302. Definitions
In this chapter, the following definitions apply:
(1)
(A) means 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; but
(B) does not include the interpretation and application of rights arising from an existing collective bargaining agreement.
(2)
(3)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18302 | 40:1302(1), (2), (4), (5). |
The text of 40:1302(4) and (5) is combined to eliminate unnecessary words.
§18303. Standards for arbitrators
(a)
(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)
(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)
(d)
(1)
(2)
(3)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18303(a) | 40:1302(6). | |
| 18303(b)–(d) | 40:1302(3). | |
| 40:1303. |
The text of 40:1302(3) and 1303(b) is combined because 40:1303(b) is the only place the definition of "funding ability" is used in the revised chapter.
§18304. Procedures for enforcement of awards
(a)
(b)
(c)
(1) the award is in violation of applicable law;
(2) the arbitrator exceeded the arbitrator's powers;
(3) the decision by the arbitrator is arbitrary or capricious;
(4) the arbitrator conducted the hearing contrary to the provisions of this chapter or other laws 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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18304 | 40:1304. |