North Dakota Code § 48-12-04

Exemptions
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The head of a governmental unit may exempt a particular project, contract, subcontract, 
grant, tax abatement, or tax credit from the requirements of any or all of the provisions in this 
chapter if after public notice and hearing the governmental unit finds special circumstances 
require an exemption to avert an imminent threat to public health or safety. A finding of special 
circumstances under this section may not be based on the possibility or presence of a labor 
dispute concerning:
1. The use of contractors or subcontractors that are nonsignatories to or otherwise do not 
adhere to agreements with one or more labor organizations; or

2. Employees on the project who are not members of or affiliated with a labor 
organization.

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