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 regarding the implementation of body scanner technology at the Reception and Treatment Center (RTC) in Lincoln.
In late July, NDCS informed staff that it planned to require our members at RTC 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.
On October 30, the CIR issued a ruling that ordered the state to negotiate with our union over the body scanner policy while the case is pending. While those negotiations are underway, 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.
In accordance with the CIR’s order, negotiations began in November. NAPE/AFSCME is working towards an agreement that would make the temporary medical excuse provisions permanent in our contract. Negotiations have been positive so far, and we hope to reach an agreement by year’s end.
In the event an agreement cannot be reached, the CIR has set a trial on the prohibited practices charge to begin on Tuesday, February 3, 2026 in the CIR Hearing Room on the 1st floor of the Nebraska State Office Building (301 Centennial Mall South) in Lincoln. The trial is open to the public.