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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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Underground Railroad site reopens after 7-year closure in Nebraska City

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Underground Railroad site reopens after 7-year closure in Nebraska City


NEBRASKA CITY, Neb. (KOLN) – A piece of Underground Railroad history is reopening on Juneteenth after severe flooding forced it to close seven years ago.

The Mayhew Cabin offered shelter to people escaping slavery before the Civil War. Visitors can now walk through the same doors they did.

Family history connects to cabin

Darryl Hogan, president of the Mayhew Cabin Foundation, shares how his family escaped slavery in 1859.

“There was a slaveholder who held my third great-grandmother and a few other of the escaped slaves who had passed away, and they were going to be sold as property,” Hogan said from Canada. “So it was almost, in either a death sentence or a worse imprisonment than they had already had.”

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The Mayhew family and abolitionist John Brown offered strangers a chance for freedom.

“En route, one of the enslaved people was pregnant and gave birth. So they are affectionately known as the 12 who passed through here,” said Doug Kreifels, board treasurer.

Cabin’s history dates to 1855

The Mayhew Cabin is one of Nebraska’s oldest structures, built in 1855 as the home of Allen B. Mayhew and his wife Barbara Ann. Barbara’s brother, John Kagi, lived there briefly as well.

Kagi helped abolitionist John Brown lead the enslaved people from Missouri to the cabin, as they escaped to Canada.

Flood damage closed site for seven years

Kreifels grew up learning about the cabin’s history.

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“I remember when I went through that cabin and that cave and what an impact it had on me,” he said.

A flood in 2019 closed the site for seven years.

“And not only did it reach… as high as this overfill. I mean, it came up over the bank and flooded into the museum as well and caused some damage there,” Kreifels said.

Community effort restores cabin

The Mayhew Cabin Foundation restructured its board and used community grants to recruit Butch Bovier, a historical craftsman.

“Collectively, I think we bring a lot of skill sets together and goodwill,” said Robert Nelson, vice president of the board.

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“They bring their dreams to me and I make them happen,” Bovier said.

Bovier helped restore the cabin.

“And that was kind of neat because what we did 20 years ago held up very well. In fact, it held up a lot better than we thought,” he said.

The team worked on the cottonwood logs.

“The logs are this wide, you don’t replace it because that much is bad. So we used a modern product to do some of that. In some cases, we just scraped it smooth,” Bovier said.

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The team partially restored John Brown’s Cave. The cabin was moved to its current location in the 1930s from its original site. The owner at the time dug a tunnel-like system that leads to the ravine.

“It’s a tool that we use to help educate everyone who might have an interest in understanding what it might have been like for an enslaved person seeking freedom,” Kreifels said.

Volunteers make reopening possible

The Mayhew Cabin and John Brown’s Cave would not be able to open without the hard work of volunteers. For months, volunteers cleaned up the site and helped Bovier fix the cabin logs, cave and roof. One of them is Jason Hein, who moved to Nebraska City from California. Hein was looking for an opportunity to volunteer in the community and stumbled upon a Facebook post asking for extra hands to help at the Mayhew Cabin. His workplace Burr Farms donated machinery and services toward the efforts.

“You know, we don’t want things falling off the map. We want it to be there for future generations,” Hein said.

“And since that weekend, I’ve been out here Saturdays and Sundays every week. If there isn’t a whole bunch of hands trying to get something done, it’s not going to get done,” he said.

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Volunteers have been preparing to reopen the site for more than three months.

“So, I mean, we’ve just literally been here, you know, cutting down trees or trimming trees and then people kind of walking by and seeing and asking, hey, what are you up to?” Nelson said.

The cabin will reopen on Juneteenth.

“And, it was just a matter of this is something that we need to do as a community. Let’s just do it and, make the world a little bit better place,” Hogan said.

Lane Trail and ‘Bloody Kansas’

The Mayhew Cabin was part of the Lane Trail on the Underground Railroad. At the time, the Kansas-Nebraska Act was formed and pro-slavery and abolitionists fought to sway the public toward their beliefs, giving it the nickname “Bloody Kansas.” Abolitionists in southeast Nebraska aided these efforts and helped slaves escape on the Lane Trail.

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“It’s an incredible building, but it’s kind of the launch. It was seen as the southern terminus of the Army of the North marching into Kansas, but then also kind of the beginning of the Underground Railroad,” Nelson said.

Nelson, a former Omaha World Herald journalist, researched the Lane Trail extensively. He grew up in Falls City, Nebraska and found out his family has a history of aiding abolitionists.

“The successful fight to stop (slavery), based in Nebraska, or by the people who are involved with this Underground Railroad, is the reason the South secedes. They can’t expand anymore. You know, putting up the wall of Kansas really is what starts the Civil War. So that idea that’s that that’s the Civil War before the Civil War, and Nebraska played a big part of it. I think is a story that’s lost,” Nelson said.

Work remains on the site. The nonprofit wants to repair the museum building and other historic buildings on the property.

Juneteenth event details

A Juneteenth event starts at 7 p.m. Friday at the Mayhew Cabin in Nebraska City. People will have the opportunity to hear speeches from Butch Bovier, Robert Nelson and Darryl Hogan. The event is open to the public and free. There is outdoor seating, but people are welcome to bring lawn chairs. Live music will be provided by West Street Wranglers.

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Refreshments will be served at the Hidden Falls Cave Event Center. The Mayhew Cabin is located at 2012 4th Corso in Nebraska City. Questions can be directed to Doug Kreifels at (402) 209-4060.

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Nebraska’s governor doesn’t carry a state-issued phone. Critics call it an abuse of state disclosure laws. – Flatwater Free Press

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Nebraska’s governor doesn’t carry a state-issued phone. Critics call it an abuse of state disclosure laws. – Flatwater Free Press


For more than two years, Nebraska Gov. Jim Pillen did not make or take a single call on his cellphone while on the clock as the state’s chief executive — at least none that there is any record of, according to his office’s top attorney.

After the Flatwater Free Press filed a public records request for call logs from Pillen’s cellphone dating back to September 2023, the governor’s general counsel said no such records exist.

“Governor Pillen does not have a state-issued mobile phone,” the lawyer, Michael J. Donley, said in an email earlier this month — more than four months after Flatwater filed the request.

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The revelation marks Pillen’s latest step to shield his communications from public view. He broke with more than 30 years of gubernatorial practice by not releasing a public schedule in March 2023, just two months into his first term. And in August of that year, his office refused to release four of his emails in response to a public records request, citing “executive privilege” — a justification that does not exist in Nebraska’s public records laws.

“I don’t email, I don’t text,” the first-term Republican governor said in response to criticism from Democratic lawmakers over his refusal to release the emails. “Texting when it’s for anything other than logistics, I don’t do.”

His decision not to carry a state-owned cellphone makes him the first governor in at least 20 years not to do so — and, advocates say, amounts to an attempt to circumvent state law.