Okla. Stat. tit. 61, § 61-86: Applicability of act

A. The requirements of the Fair and Open Competition in

Governmental Construction Act do not apply to public construction

contracts executed before November 1, 2012.

B. The Fair and Open Competition in Governmental Construction

Act does not:

1. Prohibit employers or other parties from entering into

agreements or engaging in any other activity protected by the

National Labor Relations Act, 29 U.S.C., Sections 151 to 169;

2. Interfere with labor relations of parties that are protected

under the National Labor Relations Act, 29 U.S.C., Sections 151 to

169; or

3. Prohibit a public agency from awarding a public contract,

grant, tax abatement, or tax credit to a private owner, bidder,

contractor, or subcontractor who enters into or who is party to an

agreement with a collective bargaining organization, if being or

becoming a party or adhering to an agreement with a collective

bargaining organization is not a condition for award of the public

contract, grant, tax abatement, or tax credit, and if the public

agency does not discriminate against a private owner, bidder,

contractor, or subcontractor in the awarding of that 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 collective bargaining organization.