North Dakota Code 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.
Terms Used In North Dakota Code 48-12-03
- Contract: A legal written agreement that becomes binding when signed.
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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.