[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1463 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1463

   To provide for the adoption of mandatory standards and procedures 
   governing the actions of arbitrators in the arbitration of labor 
 disputes involving transit agencies operating in the national capital 
                                 area.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 1995

  Mr. Wolf (for himself and Mr. Davis) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To provide for the adoption of mandatory standards and procedures 
   governing the actions of arbitrators in the arbitration of labor 
 disputes involving transit agencies operating in the national capital 
                                 area.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Capital Area Interest 
Arbitration Standards Act of 1995''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (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 such mass transit services, prices that are 
        substantially affected by labor costs, since more than \2/3\ 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 Article I of 
        section 8 of the United States Constitution to balance the need 
        to moderate and lower labor costs while maintaining industrial 
        peace.
    (b) Purpose.--It is therefore the purpose of this Act to adopt 
standards governing arbitration which must be applied by arbitrators 
resolving disputes involving interstate compact agencies operating in 
the national capital area in order to lower operating costs for public 
transportation in the Washington metropolitan area.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) the term ``arbitration'' means--
                    (A) 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; 
                and
                    (B) does not include the interpretation and 
                application of rights arising from an existing 
                collective bargaining agreement;
            (2) the term ``arbitrator'' refers to either a single 
        arbitrator, or a board of arbitrators, chosen under applicable 
        procedures;
            (3) an interstate compact agency's ``funding ability'' is 
        the ability of the interstate compact agency, or of any 
        governmental jurisdiction which 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;
            (4) the term ``interstate compact agency operating in the 
        national capital area'' means any interstate compact agency 
        which provides public transit services;
            (5) the term ``interstate compact agency'' means any agency 
        established by an interstate compact to which the District of 
        Columbia is a signatory; and
            (6) the term ``public welfare'' includes, with respect to 
        arbitration under an interstate compact--
                    (A) the financial ability of the individual 
                jurisdictions participating in the compact to pay for 
                the costs of providing public transit services; and
                    (B) 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, D.C. metropolitan area, and the effect of 
                an arbitration award rendered pursuant to such 
                arbitration on the respective income or property tax 
                rates of the jurisdictions which provide subsidy 
                payments to the interstate compact agency established 
                under the compact.

SEC. 4. STANDARDS FOR ARBITRATORS.

    (a) Factors in Making Arbitrary 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) 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.

SEC. 5. PROCEDURES FOR ENFORCEMENT OF AWARDS.

    (a) Modifications and Finality of Award.--In the case of an 
arbitration award to which section 4 applies, the interstate compact 
agency and the employees in the bargaining unit, through their 
representative, may agree in writing upon any modifications to the 
award within 10 days after the award is received by the parties. After 
the end of that 10-day period, the award, with any such modifications, 
shall become binding upon 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 file a civil action in a 
court which 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 Act or other statutes 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 
        section 4.
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