Union members have appealed the Commission on Industrial Relations’ (CIR) remote work decision to the Nebraska Supreme Court. Additionally, Department of Education union members have filed a prohibited practices petition at the CIR regarding changes to remote work terms at NDE. Both sets of litigation may take a year or more to come to a conclusion.
These legal actions are important to all state employees because there is an important legal question about when the State must negotiate the terms and conditions of employment. Read some frequently asked questions to learn more about the appeal process.
Why are we appealing to the Nebraska Supreme Court?
Union members believe that the Supreme Court must determine whether all the terms and conditions of employment surrounding remote work assignments are covered by the current collective bargaining agreement and whether the broad language in the management rights clause of the contract is enough to allow the state to decline to negotiate under the CIR’s “contract coverage” analysis. Further, our union appealed the CIR’s decision to award the Attorney General’s office legal fees, which will undoubtedly have a chilling effect on future proceedings before the CIR.
Why is this important to State of Nebraska employees?
All public employees in Nebraska have only one remedy under the law when they have a labor dispute: to file with the CIR. The CIR’s order that our union must pay the state’s legal fees could have a chilling effect on all workers’ ability to stand up for their rights. Future union members may have to weigh potentially costly fees with filing a complaint. Our founders fought hard to secure our right to collectively bargain the terms and conditions of employment, and our union will not be intimidated from exercising those rights.
Why not just negotiate remote work during upcoming negotiations?
Though our members have prioritized negotiating new contract language that will allow state employees to deliver services remotely where it is effective and efficient, it’s also vital that we appeal to the Supreme Court to protect our rights. We also must appeal in order to obtain clarity from the Supreme Court about when the State of Nebraska must negotiate.
How long will the appeal process take?
Our case before the Supreme Court could take up to a year or more. Oral arguments will be scheduled by the court, most likely in early 2025. This is an important case and we will keep our members updated as things develop throughout the course of the appeal process.
What does this mean for union members who previously had a remote work arrangement?
Union members who previously had remote work assignments should follow their supervisor’s instructions – whether they are told to return to an in-person work assignment or not. We have filed grievances challenging contract violations that have resulted from the implementation of Executive Order 23-17.
How can I help?
Since November 2023, union members have mobilized in response to this violation of our rights. We must maintain this momentum throughout the appeals process and throughout the negotiations process. Negotiations for our next labor contract which will run from July 1, 2025 – June 30, 2027, begin in September. It’s more important than ever for members to talk to their colleagues about joining our union and becoming active members.
If you’re not yet a union member, help us protect our rights and negotiate the strongest possible contract by joining our union today!
