§18304 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Within 10 days after an arbitration award under section 18303, the interstate compact agency and the employees’ representative can put any agreed changes in writing. After those 10 days the award and any written changes become final and binding on the agency, the employees in the bargaining unit, and their representative, and each party must take the steps needed to carry it out. Within 60 days after the award is binding, the agency or the employees’ exclusive representative may ask a court that can hear cases against the agency to review it. After notice and a hearing the court must set aside all or part of the award if there are problems such as a violation of law; the arbitrator exceeded authority; the decision is arbitrary or capricious; serious hearing errors or arbitrator bias, misconduct, corruption, or fraud that harmed a party; or the arbitrator failed to follow section 18303.

Title 40, §18304

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)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)Each party to an award that becomes binding under subsection (a) shall take all actions necessary to implement the award.

(c)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 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 18303 of this title.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1830440:1304.Pub. L. 104–50, title IV, § 405, Nov. 15, 1995, 109 Stat. 465.

§18304 Procedures for enforcement of awards

Summary

Title 40, §18304

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata