In April, the Nebraska Supreme Court ruled that the terms and conditions of remote work assignments are a mandatory subject of bargaining, and the State of Nebraska must bargain in good faith beginning during the statutory negotiations window between September-December 2026. Union members prioritized remote work as one of our negotiations proposals.
In the meantime, we have continued our fight to protect our members’ rights regarding remote work assignments. A number of union members filed grievances at the time they had their remote work assignments terminated in 2023. The grievances allege that our contract was violated when agencies implemented their remote work rules in an unreasonable manner.
Those grievances proceeded to the Nebraska State Personnel Board, where they were dismissed by the Board, without a hearing, as “non-grievable.” We immediately appealed that decision to the District Court of Lancaster County, and an oral argument was heard earlier this year by Judge Ryan Post. After the Supreme Court decision, Judge Post asked for supplemental briefs to be filed. We initially expected a decision earlier this summer.
On July 15, 2026, Judge Post asked for another round of supplemental briefs regarding the issue. The additional briefs will be filed in early August, and we hope to have a decision before the end of summer.
Should Judge Post rule in our favor, the grievances will return to the Personnel Board for a hearing on the merits and a decision. Should Judge Post rule that the issue is non-grievable, we already have a case pending in the Nebraska Court of Appeals regarding “grievability.” We expect a decision in that case later this year.
Our union is committed to protecting our members’ rights, and we will focus our efforts at the bargaining table and in court to ensure fair and efficient remote work contract language.