The state public employees union has asked a district court to hold the State of Nebraska in contempt, as multiple departments are attempting to move forward with terminating remote work assignments, after a court recently suspended an order to do so.
The ongoing legal battle between the State of Nebraska and The Nebraska Association of Public Employees (NAPE/AFSCME Local 61) began in November, when Governor Jim Pillen issued Executive Order (EO) 23-17 which would have effectively ended remote/hybrid work for state employees on January 2, 2024.
The union made repeated demands to bargain with the Governor, alleging the order violated the State Employees Collective Bargaining Act.
NAPE’s Executive Director Justin Hubly explained to KLIN News at the time, “Our contract contains a clause that says the employer (the state) agrees not to implement changes unilaterally to the terms and conditions of work that fall outside the scope of the contract… and in fact, remote work is not covered in the contract. It is our opinion that our contract applies here, and it needs to be bargained with us.
Union demands to negotiate fell on deaf ears, prompting NAPE to bring the issue before a state labor court in December. Additionally, the union filed a motion for temporary relief, asking the Nebraska Commission of Industrial Relations (CIR) to order the State to halt implementation of the EO while the issue was in litigation.
Just before the new year, the CIR granted the union’s motion for temporary relief, slinging Pillen’s EO into limbo.
In the wake of this court win, NAPE is alleging two state departments are attempting to follow through with ending remote work work assignments, despite the court injunction order.
From NAPE’s official release:
- On January 2, 2024, a message was delivered to remote working Department of Health and Human Services (DHHS) employees stating, “In order to support operational needs and to align with our previous goals of returning the majority of teammates to their physical workspace, please be advised the agency is ending your remote/hybrid work agreement.
Please be prepared to report to your assigned worksite at your scheduled start time on January 17, 2024.” - On January 3, 2024, the Tax Commissioner sent an email to employees at the Department of Revenue (DOR) stating, “Although the Governor’s Executive Order No. 23-17 is currently being reviewed by the Nebraska Commission of Industrial Relations, I am using my authority as an Agency Director and independently requiring DOR teammates to return to the office full-time beginning on January 16, 2024.”
KLIN News followed up with Hubly, and got his reaction to the Tax Commissioner’s claim that he could utilize his authority to override the CIR ruling.
“It is not true,” said Hubly, “In fact, that was the state’s argument at the commission. They argued, ‘Well, the status quo should be the policies that give the agency directors the leeway to do that.’ The CIR explicitly rejected that argument. They said the status quo is the application of those policies before the executive order took effect. So the tax commissioner is not correct.”
With two agencies seemingly ignoring the CIR’s decision, NAPE is taking additional legal action. The union has filed a petition in the District Court of Lancaster County, asking a judge to enforce the CIR’s order and hold the State of Nebraska in contempt in accordance with state law.
Clarifying that the State of Nebraska would be held in contempt — not the DHHS or DOR specifically — Hubly said he believed more agencies are considering the same course of action.”Initially it was just those two. Now I know the Nebraska State Patrol has joined and we’re hearing some rumblings that other agencies might be adding too,” said Hubly.
The contempt-petition is anticipated to be considered quickly, in order to resolve this issue.
“The CIR’s order is clear and unambiguous,” said Hubly, “We think it’s a very strong argument for contempt. I’m just sad that we have to go make it. It’s disappointing that the state wouldn’t just follow the order”
With court dates on the horizon, Hubly said NAPE is still open to plain negotiations, “Our members are here to serve the public, we want to do that. We want to meet with Governor Pillen. We want to find a great way to have contract language that helps us attract and retain a new generation of public servants. There’s a way to make everybody happy here and make sure Nebraskans get their services in a timely fashion. So we’re always ready to negotiate.”