In late September, our union filed legal action against the Nebraska Department of Correctional Services (NDCS) after it failed to negotiate the terms and conditions of employment. An emergency hearing was held in October to work towards protecting our members’ rights. On October 30, the CIR ruled in our favor by ordering NDCS to negotiate with our union.
In late July, NDCS informed staff that it planned to require members at the Reception and Treatment Center (RTC) 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.
Our union demanded to bargain over the implementation of the body scanner. In early September, the State of Nebraska declined to negotiate over the implementation of the body scanner, which led to the filing of our prohibited practices petition at the CIR.
The law prohibits the State of Nebraska from unilaterally implementing changes while the petition is pending. On October 6, however, our members were required to use the body scanner or face disciplinary action.
In response, we immediately filed a motion for temporary relief at the CIR. That filing led to an emergency hearing. More than a dozen NAPE/AFSCME members supplied affidavits for the commission outlining their experiences at RTC with the scanner as well as their concerns.
On October 30, the CIR issued a ruling that ordered the state to negotiate with our union over the body scanner policy. While those negotiations take place, NAPE/AFSCME members can submit a health related request to be temporarily excused from having to submit to a body scan while the case is pending. Members cannot be disciplined for requesting an exemption. You can read the CIR’s order here.
Members wishing to exercise their rights under this order should submit a written request (paper or email) to their supervisor. For an example request, please click here. You can submit requests immediately. You may wish to consult with your health care provider if necessary.
For assistance in exercising your rights or submitting requests, union members can contact their field representative by email at help@napeafscme.org or by calling 402-486-3911. Not a union member? Stand with your colleagues and join your union today!