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State did not ‘intend’ to violate order to pause return-to-office mandate, Nebraska official testifies

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State did not ‘intend’ to violate order to pause return-to-office mandate, Nebraska official testifies


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An attorney representing Nebraska’s executive branch in its ongoing labor dispute with the state’s largest public employees union argued Friday that there is “no evidence” the state intentionally violated a prior court order to pause return-to-office directives for the branch’s remote workers.

Meanwhile, the attorney representing the Nebraska Association of Public Employees argued that some state agencies are still actively violating the Commission of Industrial Relations’ order granting union members temporarily relief from Gov. Jim Pillen’s return-to-office mandate.

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Their Friday morning arguments came amid the latest court hearing in the labor dispute that has for months pitted Pillen against a faction of his employees after the governor in November broadly ended remote work allowances for state workers with few exceptions.

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Pillen’s executive order prompted NAPE officials to file a petition in December with the CIR — the state tribunal responsible for settling public labor disputes — seeking to force the executive branch to bargain over the issue.

As the CIR mulls that petition, the commission in December granted temporary relief to NAPE members, allowing them to continue working from home while the litigation remained unsettled.

But soon after the CIR issued that order, NAPE alleged that some state departments had ignored the commission’s ruling, instead informing individual remote employees that their previously agreed-upon hybrid or work remote arrangements had been terminated.

NAPE then filed a petition in Lancaster County’s District Court asking a judge to enforce the CIR’s order and to hold the state in contempt for violating the commission’s order to pause return-to-office directives.

Days later — before a District Court judge could take up the union’s petition — the CIR issued a follow-up order making clear that the state’s termination of individual work-from-home agreements amounted to a violation of the commission’s initial order.

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But at Friday’s hearing, where District Court Judge Andrew Jacobsen did take up the union’s bid to hold the state in contempt over that violation, the state’s attorney and an executive branch official who testified insisted that any such violation was unintentional.

“We had divergent opinions as to what the order said,” said Mark Fahleson, who the state retained to represent the government in the labor dispute and who suggested Friday the CIR’s initial order was “ambiguous.”






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Fahleson




Both Fahleson and Jason Jackson, the state’s chief human resources officer who testified at Friday’s hearing, seemed to take issue with the CIR’s inexact language of the commission’s December order that called for the state to leave the “status quo” in place.

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The commission’s Dec. 29 order defined the status quo as “the agency policies relating to remote work assignments, and the application of those policies, which were in place just prior to the issuance of the executive order.”

In his testimony, Jackson noted that the agency’s policies prior to Pillen’s executive order put the discretion of remote work agreements in the hands of management, arguing that the December order did not inherently undermine the state’s ability to end remote work agreements with individual employees, since state departments could have done so prior to the executive order.







Administrative services director

Jason Jackson

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“The CIR’s ruling caused a great deal of confusion among our workforce,” Jackson said, later adding:

“It was always our intent to comply. That’s why we sought clarification. It wouldn’t have been necessary to seek clarification if we had just intended to bullnose, go forward at odds with the CIR’s judgement.”

Fahleson said that since the CIR issued its follow-up order earlier this month clarifying its initial order, the state “has done exactly as the CIR has ordered.”

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“They have not directed any employees in the bargaining unit who were working remotely to return to work,” he said.

But in comments to reporters after the hearing, Justin Hubly, NAPE’s executive director, said dozens of NAPE members who work for the Department of Health and Human Services and the State Patrol “have been recalled, are recalled and have not been allowed to go back” to remote work.







Justin Hubly

Hubly

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Hubly called Friday’s hearing “uncharted territory” for both the union and the state since, he said, no one has tried to circumvent a CIR order in the years since the State Employees Collective Bargaining Act was passed.

Jacobsen, the judge, seemed to grapple with that unfamiliarity, too, at Friday’s hearing, where he asked NAPE’s attorney who the court might hold in contempt if he does agree with the union’s argument.

“I think I have no choice but to say that would simply be the party (to the case), the state of Nebraska, that is not abiding by the order of the CIR,” said Joy Shiffermiller, who represents the union.

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“What if they don’t comply with my order? Who are we gonna bring in? The state of Nebraska?” Jacobsen asked, before wondering aloud if he had the authority to levy a fine against the state, suggesting there might be sovereign immunity protections at play.

“And who am I gonna fine?” he asked, adding: “And under what authority do I have to order the state of Nebraska to pay attorneys fees?”

In the aftermath of the hearing, Hubly acknowledged that the union is “a little confused, too,” but said NAPE ultimately doesn’t want to see the state fined or a state official handcuffed.

“We don’t care about that,” he said. “We want a clear order that they are in contempt — that they are still violating this order.”

Jacobsen took the matter under advisement and could issue a ruling on the union’s contempt motion yet this month.

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Reach the writer at 402-473-7223 or awegley@journalstar.com. On Twitter @andrewwegley

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HealthierU offers small group training for staff

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HealthierU offers small group training for staff


University of Nebraska–Lincoln staff and retirees are invited to register for HealthierU’s summer small group training program.

Small group training combines the motivation of group fitness with individualized guidance from a certified personal trainer, helping participants work toward fitness goals in a supportive environment.

The summer 2026 session is July 14 to Aug. 20 and meets from 6:30 to 7:20 a.m. Tuesdays and Thursdays at the recreation center on City Campus. The cost is $60 for Campus Recreation members and $110 for nonmembers.

Participants may also add pre- and post-program InBody scans for $20. The noninvasive body composition assessment helps participants measure progress and better understand changes in body composition throughout the program.

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Register by completing the intake form. Registration is open through July 14 or until the program reaches capacity.

Learn more about the program.



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Nebraska ag experts say early detection for livestock parasites, illnesses will be important during summer show season

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Nebraska ag experts say early detection for livestock parasites, illnesses will be important during summer show season


County fairs and livestock shows are ramping up this summer as several cattle illness threats are starting to emerge in Nebraska and other states. Livestock experts aren’t raising alarm about increased spread, but they are encouraging livestock owners to pay more attention this year to biosecurity efforts and the movement of their animals.

Two threats have emerged over the last several months: the rise in a tick-born disease called Theileria and the return of a flesh-eating parasite called the New World Screwworm.

At least 10 feedlots and three breeding herds have reported cases of imported cattle having Theileria. The disease is caused by the Asian longhorn tick, most commonly found on the East Coast. The tick itself hasn’t been found in Nebraska, but the disease can be spread further by reusing needles with an infected animal or through other blood-sucking organisms such as lice. The symptoms include anemia, jaundice, loss of appetite, exercise intolerance and weakness. In some cases, the disease can be fatal.

Cattle owners have been closely watching the spread of the New World Screwworm. It wreaked havoc on U.S. herds decades ago, but it was eradicated from the country in the 1960s. Cases started appearing in Texas in early June, and cattle owners in neighboring states have assumed that the parasite will eventually spread north. The screwworms lay eggs in the flesh of live animals, which can cause infections, disease and death if left untreated.

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Nebraska Extension said early detection of the parasite is “critical for successful control efforts.” Possible early signs of New World Screwworm infections include non-healing wounds, depression or restlessness, foul-smelling lesions, presence of maggots in living tissue and animals showing pain or discomfort. They could show this behavior through shaking their heads or showing pain or irritation around wounds.

Several county fairs and shows have already started this summer. The Nebraska State Fair will kick off at the end of August in Grand Island. But several other large-scale shows, including the Burwell Rodeo that brings together animals from outside Nebraska, will culminate over the next few weeks.

Vaughn Sievers, the agriculture director for the Nebraska State Fair, said fair officials work closely with an official State Fair veterinarian to evaluate the health of animals before they are allowed onto fairgrounds.

“To date, the fair has not experienced a disease outbreak,” Sievers said. “However, we coordinate closely with our security and veterinary teams to maintain response plans and designated quarantine areas in the event one were to occur.”

Officials with the Nebraska Department of Agriculture said livestock owners should start biosecurity measures even before they set out to travel to shows. The state agency is recommending livestock owners ensure all their equipment is clean and disinfected, and they should monitor their animal’s health leading up to traveling for shows.

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While livestock are at fairs, the department said exhibitors shouldn’t share tools with others, and when using a community hose, they should not allow their animals to drink directly from the hose or dip the community hose in their bucket.

After the shows or fairs are over and animals are heading back to farms, livestock owners should isolate all the show animals for at least two to three weeks, just in case illnesses develop several days after returning home. Experts recommend keeping animals away from nose-to-nose contact, if they’re able.

The Nebraska State Fair has a protocol for handling biosecurity measures and subsequent contingency plans.

Nebraska Extension has provided checklists for ag producers who are taking their animals outside state lines. Lindsay Waechter-Mead, a beef educator with Nebraska Extension, recommended certain regulations with traveling cattle that can take multiple days to complete. Even domestic pets, such as cats and dogs, also require a Certified Veterinary Inspection to cross state lines.



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Nebraska softball coaching staff finalized with a contract extension

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Nebraska softball coaching staff finalized with a contract extension


Nebraska softball finalized its coaching staff on Wednesday. Head coach Rhonda Revelle signed an extension that runs through the 2031 season. The program also finalized several previously announced coaching changes.

Revelle earned the extension after leading Nebraska to one of its best seasons in history, bringing the team back to the Women’s College World Series for the first time since 2013. The Huskers totaled a school-record 52 wins in Revelle’s 34th season as Nebraska’s head coach, helping solidify her as the winningest coach in Nebraska athletics history.

“As we said when we had the privilege of naming the field at Bowlin Stadium in her honor, Rhonda Revelle is Nebraska Softball. Rhonda is not only a great leader of our softball program, but she is a world-class individual who elevates our entire athletic department in many ways. The trajectory of our program is at an all-time high coming off a record-breaking season and we are excited for the years ahead under the leadership of Rhonda and her outstanding staff.”

Revelle also re-worked the responsibilities of her coaching staff, elevating existing staff members and bringing in a slew of former players as assistants. This comes following the retirement of long-time assistant Lori Sippel in June. 

Diane Miller has been elevated to associate head coach, and Mandie Nocita was promoted to assistant coach. Olivia Ferrell and Jordy Frahm also join the staff and will serve as assistant coaches. Hannah Coor and Hannah Camenzind have been added as graduate assistants. Lauren Camenzind will be a graduate manager for the Huskers.

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