(a) The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of § 22-9-804 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety.
(b) A finding of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning:
(1) The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or
(2) Employees on the project who are not members of or affiliated with a collective bargaining organization.
Structure Arkansas Code
Subchapter 8 - Fair and Open Competition in Governmental Construction Act
§ 22-9-802. Legislative intent
§ 22-9-804. Public agency construction contracts — Prohibited terms
§ 22-9-805. Grants, tax abatements, and tax credits — Prohibited terms
§ 22-9-806. Construction document preparation — Prohibited terms