Page:United States Statutes at Large Volume 116 Part 2.djvu/512

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


116 STAT. 1294 PUBLIC LAW 107-217—AUG. 21, 2002 factors set forth in subsections (b) and (c) have been considered and appHed. (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. § 18304. Procedures for enforcement of awards (a) MODIFICATIONS AND FINALITY OF AWARD.—Within 10 days after the parties receive an arbitration award to which section 18303 of this title applies, the interstate compact agency and the employees, through their representative, may agree in writing on any modifications to the award. After the end of that 10-day period, the award, and any modifications, become binding on 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 bring a civil action in a court that 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; (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 substantiedly 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 section 18303 of this title. SEC. 2. TRANSFER OF MATERIAL AND EQUIPMENT TO THE ARCHITECT OF THE CAPITOL. Chapter 443 of title 10, United States Code, is amended as follows: (1) Insert immediately after section 4688 the following new section: "§ 4689. Transfer of material and equipment to the Architect of the Capitol "The Secretary of the Army is authorized to transfer, without payment, to the Architect af the Capitol, such material and equipment, not required by the Department of the Army, as the Architect