The Nebraska Department of Correctional Services (NDCS) informed staff members in late July that it planned to require staff members at the Reception and Treatment Center in Lincoln to be screened by a body image scanner prior to their shifts. Management stated that those that refused could be disciplined.
The body scanner was installed in 2022, but hasn’t been used for staff after NAPE/AFSCME was told by NDCS leadership in 2022 that it would not do so without communicating with our union regarding policy development. NDCS leadership reneged on that promise, and unilaterally developed a policy and informed staff that it would begin screening in August.
In response, NAPE/AFSCME communicated our concerns with the Governor’s Chief Negotiator and State Personnel Director. Our union contract requires agencies to share policy changes with our union in writing at least 10 days prior to the policy changes taking effect. NDCS failed to do so in this instance. As such, the implementation has been delayed until August 18.
NAPE/AFSCME has demanded to bargain over the implementation of the body scanner. The use of the scanner raises a number of concerns from union members regarding the terms and conditions of employment, which we believe are mandatory subjects of bargaining. So far, the State of Nebraska has stated that it believes the implementation of the body scanner is covered by the management rights clause of our contract. We disagree.
Our remote work case that will be heard by the Nebraska Supreme Court in September will directly address the issue of whether the management rights clause covers the body scanner at NDCS. While our NDCS members don’t work remotely, one of the reasons why our union has taken our remote work case to the supreme court is because the legal issues regarding mandatory bargaining affect all members.
NAPE/AFSCME will not hesitate to protect our members’ rights through legal processes if necessary. We first plan to attempt to address our concerns in the coming weeks with the State of Nebraska and NDCS leadership. We will update members on our progress via email, our website, and social media. Follow us on Facebook here.