48-12-03. Prohibited labor organization terms in a grant, tax abatement, and tax
credit.
1. A governmental unit may not award a grant, tax abatement, or tax credit that is
conditioned upon a requirement that the awardee include a term prohibited under
section 48-12-02 in a contract document for any construction, improvement,
maintenance, or renovation of real property or fixtures that are the subject of the grant,
tax abatement, or tax credit.
2. This chapter does not prohibit a governmental unit from awarding a contract, grant, tax
abatement, or tax credit to a private owner, bidder, contractor, or subcontractor that
enters, is a party to, or adheres to an agreement with a labor organization, if:
a. Being or becoming a party or adhering to an agreement with a labor organization
is not a condition for the award of the contract, grant, tax abatement, or tax credit;
and
b. The governmental unit does not discriminate against a private owner, bidder,
contractor, or subcontractor in the awarding of that contract, grant, tax abatement,
or tax credit based upon the status as being or becoming, or the willingness or
refusal to become, a party to an agreement with a labor organization.
3. This chapter does not prohibit a contractor or subcontractor from voluntarily entering or
complying with an agreement entered with one or more labor organizations in regard
to a contract with a governmental unit or a contract funded in whole or in part from a
grant, tax abatement, or tax credit from a governmental unit.
