Nebraska Supreme Court Weighs In on Remote Work Dispute
The Nebraska Supreme Court is currently deliberating a contentious issue involving state employees and a restrictive executive order on remote work. This development follows a legal battle initiated by a significant public employees’ union, which challenges the state’s authority to enforce such a policy without negotiation.
In an executive order issued by Governor Jim Pillen in late 2023, state employees were instructed to carry out their duties at assigned locations, including offices, facilities, or designated field sites, rather than working remotely. This directive did allow for limited exceptions but primarily aimed to curtail remote work.
The order surprised the Nebraska Association of Public Employees (NAPE), representing over 8,000 state workers. The union sought to negotiate the criteria for remote work eligibility and address concerns over office space capacities. However, the state refused to engage in negotiations on these points.
NAPE subsequently appealed to the Commission of Industrial Relations (CIR), an entity tasked with resolving disputes between public labor unions and the state. The union argued that the state had a contractual obligation to negotiate the terms of the return-to-work policy.
The CIR ruled in favor of the state, citing that the state’s management rights, as outlined in the union contract from February 2023, included the ability to change work location obligations without requiring further negotiation. Consequently, the CIR also concluded that negotiations over the telework policy were unnecessary, as it was already addressed within the existing contract.
Furthermore, the CIR ordered NAPE to pay over $42,000 in attorney’s fees and costs, deeming the union’s petition as frivolous and filed in bad faith. The ruling suggested the union’s actions were intended to delay the policy’s implementation and potentially boost its membership.
This decision has been appealed, leading to the current hearing before the Nebraska Supreme Court. Representing NAPE, attorney Richard Griffin argued that the state should have negotiated the policy and contested the imposition of attorney fees, claiming it infringed upon the union’s First Amendment rights.
On behalf of the state, Zachary Viglianco defended the CIR’s rulings, asserting that the state maintained extensive control over employee work locations, as per the Collective Bargaining Agreement. Viglianco emphasized that the CIR’s decision, including the attorney fee award, was justified.
The Nebraska Supreme Court has taken the case under advisement, with a decision expected in the coming months.
