State employees union appeals CIR decision on remote work to Nebraska Supreme Court

The Nebraska Association of Public Employees (NAPE), a union that represents more than 8,000 workers, is appealing a decision over an executive order ending most remote work arrangements for state employees to the Nebraska Supreme Court.

Gov. Jim Pillen issued the executive order in November 2023 and in December, NAPE filed an action with the CIR after Pillen declined to bargain with the union.

Last month, the Commission of Industrial Relations (CIR), the state’s labor court, ruled against the union and required it to pay around $111,000 in legal fees, claiming NAPE filed the action in bad faith.

NAPE Executive Director Justin Hubly said he strongly disagrees with the decision and believes the legal fees could hinder other public employees from bringing a case to the CIR.

"It's an abuse of discretion," Hubly said. "And the bigger issue here is public employees, whether they're teachers, police officers, firefighters, county employees, state employees - we don't have strike rights in Nebraska, and we can't go immediately to court on these claims. We only have one recourse under the law, and that's to go to the CIR."

Hubly said he wants additional information ahead of the next labor contract the union will negotiate with the state in September.

“We're trying to protect our rights here, but more so to get clarity from the court," he said. "If we lose at the court, I think the court will issue a reasoned decision, so we know what we have to do at the bargaining table.”

Laura Strimple, a spokeswoman for Gov. Jim Pillen, wrote, "The COVID pandemic is long over. Gov. Pillen had the authority to order public servants back into the office -- the same way state troopers, correctional officers, and transportation workers were working from their respective workplaces while the pandemic was ongoing. The Governor has confidence in the legal process and in the state’s legal team as this case progresses to a conclusion."

By way of full disclosure, some Nebraska Public Media staff are members of the NAPE AFSCME union.