A labor court has sided with Nebraska Governor Jim Pillen regarding his authority to issue a 2023 executive order which sought to effectively end all remote work assignments for employees of the state.
The Nebraska Association of Public Employees (NAPE/AFSCME Local 61), which represents about 8,000 state workers, took legal action shortly after the order was issued, alleging to the Nebraska Commission of Industrial Relations (CIR) that the State of Nebraska violated the law by refusing to negotiate over terms & conditions unspecified in their contract — i.e. “remote work.”
While NAPE argued that remote work was not outlined in their contract and must be subject to negotiation, the CIR granted the union’s request to halt the executive order while the case was pending — the state dodged a contempt ruling during this time.
On Thursday, July 11, the CIR ruled that “remote work” is broadly covered by the current collective bargaining agreement between NAPE and the State of Nebraska, and therefore, there is no duty for the State to bargain over “remote work.”
Further, the CIR ruled that NAPE pursued this action in “bad faith” and has ordered they pay the State of Nebraska’s legal fees, calling the case a “disingenuous maneuver seemingly for the purpose of improperly delaying the [executive order] and boosting membership numbers using the subsequent press coverage.”
Union Reaction
Following the decision, NAPE’s Executive Director Justin Hubly said the union disagrees with the CIR’s decision and will be evaluating an appeal to the Nebraska Supreme Court.
“We believe that the evidence at trial showed that state employees are assigned a work location under the collective bargaining agreement, but the terms of remote work must be negotiated,” Hubly said, also referring to the courts bad faith finding as “ridiculous.”
“I am shocked by the awarding of attorney’s fees. That’s so incredibly rare and reserved for completely frivolous lawsuits. For the commission to say that we acted in bad faith is offensive to our members who are just there to protect their rights,” said Hubly. “I think it’s a political issue that’s just meant to intimidate other unions and discourage workers and from bringing cases before the CIR… and we can’t stand for that.”
By Nebraska law, state employees are ‘prohibited from hindering governmental service by engaging in a strike’ and therefore, Hubly explained, “Their sole remedy under the law is to file the CIR and have a case be heard.”
Hubly does expect some employee will seek different employment. An update on NAPE’s appeal decision is expected in the coming weeks.
Executive Reaction
Gov. Pillen said in a statement he was “grateful” the CIR’s decision and expects all state agency heads to immediately enforce the order.
“Today’s ruling is a vindication of the state’s right to determine that its public servants will come into work where they can be most productive. The COVID-19 pandemic is long over, and it is likewise long overdue that our full workforce is physically back,” said Pillen. “It is my expectation that all public servants currently working remotely, should be prepared to report to their home offices starting Monday.”
“That is exactly what our state troopers, correctional officers, highway workers, farmers, ranchers, and business owners have done before, during and since the pandemic. I know they will come with a positive attitude that reflects their professionalism and determination to serve the people of the Nebraska,” he concluded.
Executive Order 23-17 can be viewed below.