NAPE/AFSCME members have united to protect our rights under state law to negotiate the terms and conditions of employment, including remote work assignments. While the initial changes to remote work assignments began with an executive order in 2023, we have continued to proceed with litigation to protect our rights, and all three avenues of recourse will have milestones this spring.
For state employees who work at code and non-code agencies, we have challenged the state’s unilateral action to revoke some remote work assignments, while allowing others, in two legal proceedings.
The first case is an appeal from the decision of the Nebraska Commission of Industrial Relations (CIR) that said the State of Nebraska is not obligated to bargain over remote work assignments and that our union had to pay the State’s legal fees. This case was appealed directly to the Nebraska Supreme Court. Our brief is due in mid-April, with the State’s brief due in mid-May. While it’s possible the briefing schedule may change, we are hopeful the Supreme Court will hear arguments in the case and issue a decision later this year.
The second case involves grievances at seven different state agencies that were filed after the CIR’s decision. These agencies including, DAS, DHHS, Environment & Energy, Natural Resources, Revenue, State Patrol, and Tourism Commission all changed their policies, or implementation of their policies, regarding remote work assignments after the CIR decision. Grievances were filed alleging the agencies violated our contract by implementing their policies in an unreasonable manner. The grievances are before the Nebraska State Personnel Board, which heard arguments in March on the State’s motion to dismiss the cases outright. The Personnel Board is expected to make a decision this spring on the state’s motion to dismiss, which may be appealed to the District Court.
For employees at the Nebraska Department of Education, a trial is set for April 16-17 at the CIR. This is the first proceeding in our prohibited practices case alleging the Department of Education violated state law by refusing to negotiate over remote work assignments. The Department of Education case is different from state code and non-code agencies because our members at NDE work under a different contract. We expect a decision from the CIR later this summer.
The decision of the CIR in the NDE case may be directly appealed to the Nebraska Supreme Court.
NAPE/AFSCME members are committed to standing up for their rights under state law. Whether or not remote work affects you directly, the principle that the state must bargain the terms and conditions of employment affects us all. Getting clarity from the Supreme Court on the requirements of mandatory bargaining under the law is important for our future. If we prevail, we will have upheld our rights. If we do not, it will be time to lobby our legislature to clarify the law.
