A Nebraska employees union wins a round in a state labor court as battle continues over remote work | Nebraska Examiner

LINCOLN — In the latest wrinkle over a remote work battle, a state labor court has sided with the union representing more than 8,000 Nebraska government workers.

An order late Wednesday from the Commission of Industrial Relations affirmed the union’s belief that working arrangements of its members were not to be changed while the CIR mulls a permanent decision over Gov. Jim Pillen’s November executive order that state workers return to the office.

“There can be no doubt that the December 29 order dealt with the application of (the state’s) policies just prior to the issuance of the Executive Order 23-17 and that the remote work status of the members of the bargaining unit involved in this case was not to be altered during the pendency of this case,” the CIR said. 

It denied the state’s request to clarify the Dec. 29 order.

In a media statement Thursday, Justin Hubly, executive director of the Nebraska Association of Public Employees (NAPE), said the latest order “removes whatever doubt the State of Nebraska believed existed to allow it to ignore” the Dec. 29 order that put a temporary hold on Pillen’s edict to end remote and hybrid work arrangements by Jan. 2.

The union has cited messages sent last week by leaders of certain state departments, including Health and Human Services and Revenue. Employees were told in the emails to report to assigned office spaces by mid-January.

The state had interpreted the Dec. 29 order differently than the union. According to the CIR, the state “seized” upon the language of the order “to support its desire to to tell employees, including some members of the relevant bargaining unit, to return to in-office workplaces by way of unilaterally terminating their existing remote work assignments. There is no such support for (the state’s) position in the order.”

Said Hubly: “Should any agency take action that violates this order, they do so at their own peril. Our union will hold management accountable for their actions.”

Hubly said the union still expects to appear in Lancaster County District Court on Jan. 19 for a hearing. It has asked the court to find the state in contempt for violating the CIR’s order and also seeks payment of union attorney fees.

Hubly said the union remains hopeful the governor will agree to negotiate contract language regarding remote work arrangements.