LINCOLN, Nebraska (KOLN) – One month after Governor Jim Pillen’s executive order ending telework for state employees was confirmed, the state employee union responded.
The Nebraska Association of Public Employees (NAPE) said it filed an appeal of the Nebraska Commission on Industrial Relations (CIR) decision with the Nebraska Supreme Court on Monday.
Union members believe the Supreme Court must determine whether all terms of the employment relationship related to telework positions are covered by the current collective agreement and whether the broad language in the contract’s management rights clause is sufficient to allow the state to refuse to negotiate under the CIR’s “contact coverage” analysis.
In addition, the union appealed the CIR’s decision to award legal costs to the Attorney General’s Office.
“We have chosen to appeal not to debate the merits of remote work, but to protect our members’ right to negotiate and to get clarity from the Nebraska Supreme Court on when the state must negotiate working conditions. We are compelled to appeal the order awarding attorney fees to the Attorney General’s office on behalf of all state, county and municipal employees in Nebraska. Nebraska public employees have one remedy when they have a labor dispute, and that is to file a complaint with the CIR. Public employees should not have to weigh whether to file a complaint or pay exorbitant attorney fees when the CIR disagrees with the employee’s argument. We will not be deterred from exercising our rights.”
The conflict between NAPE and Governor Pillen has been going on since November 2023, when the latter ended teleworking for state employees by decree.
The union has since filed a petition challenging the order and asked the CIR to order the state to stop enforcing the order while the petition is pending. Less than two weeks after the petition was filed, the CIR granted a motion for a preliminary injunction.
In July, the CIR conditionally rejected NAPE’s petition for prohibited practices.
In addition, the CIR found that the union had pursued the lawsuit in bad faith and ordered NAPE to pay the State of Nebraska’s attorneys’ fees.
A press release from Governor Pillen’s office following the July announcement said the CIR’s decision fully affirms the validity of the Executive Order and establishes that the issue of recalling state employees to their office is entirely within the executive authority of the governor.
NAPE will begin negotiations in September on its next employment contract, which will run from July 1, 2025 to June 30, 2027.
Union members have prioritized negotiating new contract language that will allow government employees to provide services remotely where doing so is efficient and effective, NAPE said.
NAPE stated that it was ready to meet with Governor Pillen at any time to negotiate teleworking.
“We are confident that we can work with the governor on a solution that will set the state of Nebraska up for success for years to come. We hope he will meet with us and end this litigation. When we work together, we are all better off,” Hubly said.
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