Our union has filed legal action against the Nebraska Department of Correctional Services (NDCS) to protect our right to negotiate the terms and conditions of employment.
NDCS informed staff members in late July that it planned to require staff members at the Reception and Treatment Center in Lincoln to be randomly 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 was delayed until August 18, however, the machine broke down and has not been used on staff yet.
Our union 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. In early September, the State of Nebraska declined to negotiate over the implementation of the body scanner, stating it believes that is covered by the management rights clause of our contract. We disagree.
Our union filed a prohibited practices petition at the Nebraska Commission of Industrial Relations (CIR) in September alleging that NDCS has violated the Nebraska State Employees Collective Bargaining Act. The CIR will set a trial date and hear our case in the future. It is our hope that NDCS will settle this matter by agreeing to a common sense opt out procedure similar to the federal Transportation Security Administration (TSA) used at airports around the country. NDCS is prohibited from using the body scanner on our members while the litigation is pending. Members needing enforcement assistance can contact our field staff at help@napeafscme.org.