Nebraska labor commission upholds Pillen’s return-to-office order in scathing ruling

LINCOLN, Neb. (KLKN) — A labor commission ruled on Thursday that the governor had the authority to order state workers to return to the office.

The Nebraska Association of Public Employees tried to block Gov. Jim Pillen’s executive order ending remote work for state employees, saying it violated the union’s collective bargaining agreement.

But the Nebraska Commission of Industrial Relations dismissed the case, ruling that the union’s contract explicitly allows the state to change work locations.

The commission referenced Article 3 of the collective bargaining agreement, which gives the state “the right to increase, reduce, change, modify and alter the composition and site of the work force.”

SEE ALSO: Nebraska judge dismisses union’s request to hold state in contempt

Pillen issued Executive Order 23-17 on Nov. 13, saying state employees should work in the office since the COVID-19 pandemic was over.

NAPE immediately pushed back, demanding that the state bargain with the union over the issue.

When the state refused, the union filed a petition with the Commission of Industrial Relations.

The commission temporarily blocked Pillen’s order on Dec. 29, days before it was set to take effect.

SEE ALSO: Nebraska state worker with new baby quits after Pillen’s order to end remote work

But in Thursday’s ruling, the commission said the state had no obligation to negotiate over remote work.

“The plain language of the long-standing management rights article, agreed to by the parties, specifically allows the Respondent to unilaterally change work sites and related polices,” the ruling said.

The labor court said the union “could not have reasonably or in good faith believed they would prevail” in the case.

“Filing of the present petition was a disingenuous maneuver seemingly for the purpose of improperly delaying the implementation of EO 23-17 and boosting membership numbers using the subsequent press coverage,” the commission said.

SEE ALSO: Union says Nebraska agencies are ignoring pause of return-to-office order

The panel ruled that NAPE “engaged in a pattern of willful, flagrant, aggravated, persistent, and pervasive prohibited misconduct by pursuing this action in bad faith.”

So it ordered the union to pay the state’s legal fees.

SEE ALSO: Hundreds of state union workers looking for other jobs after Pillen’s return-to-office order

NAPE said in a press release that it disagrees with the ruling and is considering an appeal to the Nebraska Supreme Court.

“We believe that the evidence at trial showed that state employees are assigned a work location under the collective bargaining agreement, but the terms of remote work must be negotiated,” Justin Hubly, executive director of the union, said in the release. “The decision fails to acknowledge the realities of a 21st century work environment.”

The union also took issue with commission’s accusation that the petition was filed in bad faith.

“Our union is a group of employees who unite together to protect the interests of all Nebraskans,” Hubly said.

Pilled celebrated the decision and said he expects state agencies to immediately enforce the executive order.

“Today’s ruling is a vindication of the state’s right to determine that its public servants will come into work where they can be most productive,” he said in a statement. “The COVID-19 pandemic is long over, and it is likewise long overdue that our full workforce is physically back. I am grateful for this thorough and well-reasoned decision and to the state’s personnel and legal teams for their tremendous work in securing this victory on behalf of the people of Nebraska.”