; if the labor organization or employer fail to do so, the Service shall designate any members not selected by the labor organization or the employer. A majority of the tripartite arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on— (i) the employer’s financial status and prospects; (ii) the size and type of the employer’s operations and business; (iii) the employees’ cost of living; (iv) the employees’ ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (v) the wages and benefits other employers in the same business provide their employees. ; (5) by amending subsection (e) to read as follows: (e) Notwithstanding chapter 1 of title 9, United States Code (commonly known as the Federal Arbitration Act ), or any other provision of law, it shall be an unfair labor practice under subsection (a)(1) for any employer— (1) to enter into or attempt to enforce any agreement, express or implied, whereby prior to a dispute to which the agreement applies, an employee undertakes or promises not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee in any forum that, but for such agreement, is of competent jurisdiction; (2) to coerce an employee into undertaking or promising not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee