The Nebraska Supreme Court dismissed an appeal filed by the Nebraska Association of Public Employees (NAPE) regarding Gov. Jim Pillen’s November 2023 executive order requiring state employees to return to the workplace.
In July, the Commission of Industrial Relations (CIR), which rules on labor disputes, upheld the executive order, determining that the governor has the authority to direct the state’s workforce back to the office. NAPE appealed the CIR order, to which the state argued it was not ripe for appeal, because litigation regarding the CIR’s order for NAPE to reimburse the State for attorney fees and costs was still in process.
“This dismissal order is another step forward in securing final resolution to this case,” Pillen said in a press release. “The order I issued in fall of 2023 made clear the necessity of returning to the workplace and ending temporary remote work arrangements that were largely permitted to deal with the pandemic, which has long since ended.”
The press release from the governor’s office stated the CIR characterized NAPE’s action as a “disingenuous maneuver seemingly for the purpose of improperly delaying the (executive order) and boosting membership numbers using the subsequent press coverage.” The CIR further ruled that the union “could not have reasonably or in good faith believed they would prevail by bringing this case.”