State employees have notched up efforts to negotiate with Governor Jim Pillen, officially taking legal action in response to repeated refusals to bargain over an executive order terminating remote work assignments.
In late November, the Nebraska Association of Public Employees (NAPE/AFSCME Local 61), demanded to bargain over Executive Order 23-17 which would cease remote work for state employees on January 2, 202.
In early December, numerous members of the union gathered during their lunch breaks in the State Capitol rotunda, and renewed their bargain request after preliminary negotiations with the Governor’s office were unsuccessful.
According to NAPE Executive Director Justin Hubly, the viewpoint of the Governor’s administration was that “remote work” simply referred to the site & schedule of the work, “And therefore, there’s no need to negotiate with [NAPE] over this issue.”
The State of Nebraska responded to the renewed demand, refusing to bargain over the changes that the Executive Order would impose on state employees.
Because the State refused to bargain, NAPE/AFSC has now initiated legal action.
“To ensure the continued efficient operation of state government and to protect all NAPE/AFSCME members’ rights under the law,” NAPE said in an official statement, “A petition was filed with the Nebraska Commission of Industrial Relations (CIR) alleging that the State of Nebraska has violated the State Employees Collective Bargaining Act by refusing to negotiate.”
The petition requests the Commission use its jurisdiction and order the State to negotiate in accordance with the law.
NAPE/AFSCME filed an additional motion with the CIR requesting temporary relief by ordering the State to halt the implementation of the Executive Order while the petition is pending. To the law, a hearing on the motion for temporary relief will be held no later than December 28th.
“We have a bona fide complaint,” Hubly told KLIN News, “If for some reason the commission was not to grant that motion, we would not hesitate to go to the Lancaster County District Court to file for an injunction asking a judge to enter an order that says “no changes” until the commission can issue a decision.”
For some of NAPE’s 8,000+ members, Hubly said remote work assignments have been beneficial for their lives, “For their work life balance, for their life situation, for commutes, for those that live in rural communities… We’re already short staffed in a number of areas. We can’t afford to lose any of these folks. The goal of bargaining is to find that happy medium where all stakeholders win. The public, management, and of course, our members.”
NAPE/AFSCME conducted a survey in order to collect data regarding the effect of the executive order on union members. Out of the over 1,700 responses, 797 employees reported they were considering new employment, and 593 more said that they are already actively looking or have already applied for new employment. This total of 1,390 employees makes up 16% of the NAPE/AFSCME workforce.
In the spirit of optimism, 1,210 worker said they would stay if the Executive Order was rescinded.
NAPE/AFSCME will provide an update when the CIR schedules a hearing on the motion for temporary relief.