Ark. Code Ann. § 22-9-807: Exceptions - Special circumstances

(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. Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.

(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.

(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.