40 U.S.C. § 18304 — Procedures for enforcement of awards
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 278 words · no verdicts yet
After an arbitrator makes an award, the agency and workers have 10 days to agree on changes. Then the award becomes binding, and both sides must carry it out. Either side can ask a court to throw out the award within 60 days, but only for specific legal problems like bias, fraud, or an arbitrator who ignored the rules.
(a) Modifications and Finality of Award. Once the parties receive an arbitration* award covered by section 18303, they have 10 days to agree in writing on any changes to it. The transit agency and the employees, acting through their representative, can make this agreement together. After those 10 days pass, the award, along with any changes, becomes binding on the agency, on the employees in the bargaining unit, and on the employees' representative.
(b) Implementation. Once an award becomes binding, every party to it must take all the steps needed to carry it out.
(c) Judicial Review. Within 60 days after an award becomes binding, the transit agency or the employees' exclusive representative may sue in a court that has jurisdiction over the agency, asking the court to review the award. The court reviews the award based on the record. It must cancel the award, or part of it, after notice and a hearing, if any of seven things is true. The award breaks the law. The arbitrator went beyond the arbitrator's powers. The arbitrator's decision was arbitrary or capricious. The arbitrator ran the hearing in a way that broke this chapter or other applicable laws or rules, seriously hurting a party's rights. There was bias or misconduct by the arbitrator that hurt a party's rights. Corruption, fraud, or bias got the award made. Or the arbitrator failed to follow section 18303.
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.
Each party to an award that becomes binding under subsection (a) shall take all actions necessary to implement the award.
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—
the award is in violation of applicable law;
the arbitrator exceeded the arbitrator’s powers;
the decision by the arbitrator is arbitrary or capricious;
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;
there was partiality or misconduct by the arbitrator prejudicing the rights of a party;
the award was procured by corruption, fraud, or bias on the part of the arbitrator; or
the arbitrator did not comply with the provisions of section 18303 of this title.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1294.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1294
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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