The State of Nebraska was not required to negotiate with the state workers’ union over sudden changes to remote work assignments, the Nebraska Supreme Court ruled Friday, finding the issue was already covered under the existing contract.
The legal saga between the Nebraska Association of Public Employees (NAPE/AFSCME Local 61), which represents about 8,000 state workers, and Gov. Jim Pillen began in 2023, after Pillen signed an executive order terminating all remote work assignments and ordering state employees back into the office.
A lower court, the Nebraska Commission on Industrial Relations (CIR), dismissed a petition from the union against the state and ordered NAPE to pay the state’s legal fees, alleging the action was bad faith. The union appealed that decision to the state’s highest court in August 2024.
The core legal question was whether Nebraska, as an employer, violated labor law by refusing to negotiate with the workers’ union over Pillen’s remote work order. Justices ruled Friday that remote work, while not specifically mentioned in the union’s collective bargaining agreement, is covered by the contract, which allows the state to change where employees work.
“While disappointing, we now have clarity from our state’s highest court on when the State is required to bargain,” said Justin Hubly, executive director of NAPE, in a statement. “We appreciate the time the court took to hear our case, and we’re proud of our members who stood united to protect their rights. Since the court determined remote work is covered by our contract, we will continue to represent our members through our negotiated grievance process.”
In light of this decision, Hubly said a separate case currently pending in the District Court of Lancaster County can proceed. Union members filed grievances alleging contract violations over the “unreasonable” implementation of remote work policies. The case has already been argued in front of Judge Ryan Post, who will now make a decision based on Friday’s Supreme Court decision.
However, the court did overturn the lower court’s ruling that would have forced the union to pay about $42,000 in legal fees to the state, finding the case was not frivolous.
Under state law, the Governor’s office is represented by the the attorney general. According to Hubly, the attorney general’s office hired outside lawyers from Rembolt Ludtke, a local Lincoln law firm, at their billable hourly rate to handle the case at the lower court—as opposed to attorneys already working in the office.
“The legal fees decision impacts every public employee in Nebraska,” Hubly said. “Public employees cannot strike in Nebraska, and the CIR has sole jurisdiction over prohibited practices petitions. We’re proud to have united to protect our rights, and we are pleased the Supreme Court recognized the importance of this case.”
Hubly said negotiations with the governor are set for this fall, in accordance with state law.
“We look forward to working with the governor to create win-win contract language for Nebraskans and our dedicated public servants,” he said.