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
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