×
On Air Now
6:00 AM - 9:00 AM

State Workers Union Appeals Remote-Work Ruling to NE Supreme Court

By Chase Porter Aug 13, 2024 | 5:19 PM
Members of the Nebraska Association of Public Employees in the State Capitol rotunda, December 7th, 2023. (Chase Porter, KLIN News)

The Nebraska state workers’ union has appealed a recent labor court decision to the state Supreme Court, seeking a final ruling on whether employees can bargain over sudden changes to remote work arrangements.

The legal saga between the Nebraska Association of Public Employees (NAPE/AFSCME Local 61), which represents about 8,000 state workers, and Governor Jim Pillen began in November 2023, after Pillen signed an executive order terminating all remote work assignments among state workers — calling them back to the office.

In July, the Nebraska Commission on Industrial Relations (CIR) dismissed the union’s petition alleging that the State of Nebraska violated state law by refusing to negotiate. Further, the CIR ordered NAPE to pay the state’s legal fees costing $111,000, alleging that the union filed the action in bad faith.

Now, NAPE has placed the decision in the Nebraska Supreme Court’s hands, appealing both the decision and awarding of legal fees.

“We’ve made the decision to appeal not to debate the virtues of remote work, but rather to protect our member’s right to negotiate and to obtain clarity from Nebraska’s high court on when the state must negotiate the terms and conditions of employment,” said NAPE Executive Director Justin Hubly during a Tuesday press conference. “Nebraska public employees have one remedy under the law when they have a labor dispute, and that’s to file a complaint with the CIR. Public employees should not have to weigh filing a complaint with the possibility of having to pay exorbitant legal fees if the CIR disagrees with the employee’s argument. We will not be intimidated from exercising our rights.”

Union members believe the Supreme Court must determine whether all the terms and conditions of employment surrounding remote work assignments are covered by the current collective bargaining agreement and whether the broad language in the management rights clause of the contract is enough to allow the state to decline to negotiate under the CIR’s “contract coverage” analysis.

Under the state constitution, the Governor’s office is represented by the the Attorney General. According to Hubly, the attorney general’s office decided to hire outside lawyers from Rembolt Ludtke, a local Lincoln law firm, at their billable hour rate to work the case — as opposed to attorneys already working in the office.

Hubly questions whether such a practice is permissible and further suggests that the granting of legal fees may be dubious, if not unprecedented.

“We’ve gone through 30 years worth of records at the CIR, and the CIR has never granted legal fees to the government in a case. This is the first time, and that’s one of the reasons why we’re appealing,” Hubly said.

In September, in accordance with state law, the union will begin negotiations for its next labor contract which will run from July 1, 2025 – June 30, 2027. Union members have prioritized negotiating new contract language that will allow state employees to deliver services remotely where it is efficient and effective. NAPE/AFSCME is prepared to meet with the Governor to negotiate over remote work at any time.

“We are confident that we can work with the Governor on a solution that sets the State of Nebraska up for success for years to come. We hope he will meet with us and end this litigation. We’re all better off when we work together.” Hubly concluded.