§ 48-12-02 — Prohibited labor organization terms in construction contract clauses

A governmental unit awarding a contract for the construction, repair, remodeling, or
demolition of a facility and any construction manager acting on that governmental unit's behalf
may not include any of the following in the bid specifications, project agreements, or other
controlling documents:
1. A term that requires or prohibits a bidder, an offeror, a contractor, or a subcontractor
from entering or adhering to agreements with one or more labor organizations relating
to the construction project or a related construction project; or
2. A term that otherwise discriminates against a bidder, an offeror, a contractor, or a
subcontractor for becoming, remaining, or refusing to become or remain a signatory to
or for adhering to or refusing to adhere to an agreement with one or more labor
organizations in regard to that project or a related construction project.