In mid-April, union members from the Nebraska Department of Education (NDE) took our case arguing that remote work is a mandatory subject of bargaining to the Nebraska Commission of Industrial Relations (CIR).
In early 2024, the Nebraska Department of Education unilaterally changed the terms and conditions of remote work assignments without negotiating with our union. Similar to our case with the State of Nebraska, our union contends that state law requires these types of changes to be negotiated. When we entered contract negotiations with NDE for our 2025-2027 contract, NDE refused again to negotiate the terms and conditions of remote work assignments, citing our pending litigation.
The case finally proceeded to trial before the CIR in April. NAPE/AFSCME members testified to the manner in which remote work was unilaterally changed and the economic effects it had on their lives. NAPE/AFSCME member Amanda Cole testified that her position was advertised as fully remote, and when she was hired by NDE, she lived in Brownville. With only a couple of weeks notice, Amanda was told she had to report in person to headquarters in Lincoln. That’s a three hour daily commute. She ended up moving to Lincoln to keep her job, and misses her community in Brownville. “It was stressful,” Amanda testified. “It still is.”
In our petition before the CIR, NAPE is asking the commission to order NDE to negotiate. The CIR will issue a decision in the coming months, and either side may appeal to the Nebraska Supreme Court. Our State of Nebraska case is pending before the Supreme Court, which may end up providing clarification in this case.
Our union is committed to getting a decision from the state’s high court regarding remote work. Even if remote work doesn’t apply to you, whether or not it is a mandatory subject bargaining is an important issue for all of us. We stand united in this case. Win or lose, we will have clarity from the court for the future.
