Nebraska Association
of Public Employees

Union Appeals CIR Decision to Nebraska Supreme Court

Since November 2023, our union has been fighting to protect the rights of union members to bargain the terms and conditions of their employment. Union members have been defending their right to negotiate changes to their working conditions after Governor Pillen attempted to unilaterally terminate remote work options for State of Nebraska employees. 

On July 11, 2024, the Nebraska Commission on Industrial Relations (CIR) dismissed the union’s prohibited practices petition alleging that the State of Nebraska violated state law by refusing to negotiate. Further, the CIR ordered NAPE/AFSCME to pay the state’s legal fees, alleging that the union filed the action in bad faith. 

Our union has now appealed the CIR’s decision to the Nebraska Supreme Court. Union members believe the Supreme Court must determine whether all the terms and conditions of employment surrounding remote work assignments are covered by the current collective bargaining agreement and whether the broad language in the management rights clause of the contract is enough to allow the state to decline to negotiate under the CIR’s “contract coverage” analysis. Further, our union appeals the decision of the CIR to award the Attorney General’s office legal fees, which will undoubtedly have a chilling effect on future proceedings for all public employees before the CIR.

In the meantime, because some agencies have revoked remote work assignments, our union has filed grievances challenging contract violations resulting from the implementation of Executive Order 23-17.

In September, in accordance with state law, union members will begin negotiations for its next labor contract which will run from July 1, 2025 – June 30, 2027. Union members have prioritized negotiating new contract language that will allow state employees to deliver services remotely where it is efficient and effective.
If you’re not yet a member of our union, it’s more important than ever to join us today. This fight is about much more than remote work – it’s about defending our right to negotiate.

Nebraska Association of
Public Employees