Paul Hammel
More than 100 state employees rallied against Gov. Pillen’s order to end remote work during a noon-hour event in early December at the State Capitol. (Zach Wendling/Nebraska Examiner)
Editor’s note: this story has been updated to add comments from a spokeswoman for Gov. Pillen.
LINCOLN — A state labor court put a temporary halt Friday to Gov. Jim Pillen’s order to end “remote” working arrangements of state workers by Tuesday.
A three-member panel of the Nebraska Commission of Industrial Relations, citing a state statute, ruled that the “status quo” in working arrangements must continue until it can rule on an objection filed by the union that represents state employees.
‘Status quo’
The commission rejected an argument by the Pillen administration that the “status quo” allowed it to return working arrangements to those that existed prior to the COVID-19 pandemic.
“The Nebraska Supreme Court has defined status quo to be the employment status, wages, hours, or terms and conditions of employment, which existed prior to the dispute,” the commission’s order stated.
The dispute began, the order stated, when Pillen issued his back-to-the-office order in November.
The Commission also cited previous rulings by the Nebraska Supreme Court that stated that since public employees cannot strike, they should be “afforded the same terms and conditions of employment” while the CIR weighs a labor dispute.
Justin Hubly, the executive director of the Nebraska Association of Public Employees, said in a press release that he was pleased by the commission’s ruling and that the labor panel recognized “the harm” that could ensure if the Jan. 2 order went into effect.
Hubly said 1,300 state employees responded to a union survey saying they were considering seeking new jobs because of the governor’s order and the loss of flexibility in working conditions.
“We need to do all we can to attract and retain a new generation of public servants,” he said, citing state statistics that indicate one in every five state jobs is currently unfilled.
A spokeswoman for Gov. Pillen, in a prepared statement, said that the CIR’s order applies narrowly, only to NAPE members who have a remote or hybrid work agreement.
All other public servants are coming back into the workplace, said spokeswoman Laura Strimple.
“Nebraskans have a common-sense expectation that public servants are coming to work and Gov. Pillen intends to deliver on that expectation,” Strimple said.
Workers more productive in office
Pillen, in his Nov. 9 executive order, stated that the pandemic was over and that Nebraskans expect their leaders to “restore” the state’s workforce “to the posture it was prior to the pandemic.”
He said that employees were more productive working together in an office.
But NAPE disputed that, saying working from home helped attract more applicants for state jobs and was appropriate for many tasks that don’t require meeting the public. In addition, the union said it had saved the state money by reducing the need for office space.
After the governor rejected requests to negotiate over the proposed change, the union filed a formal grievance with the Commission of Industrial Relations, maintaining that ordering such a change in working conditions was a “prohibited practice” that cannot be done without bargaining between the parties.
So the status quo — allowing state employees that were working from home or had “hybrid” schedules allowing work at home and at the office — will continue until the CIR issues its final ruling on the grievance.
Hubly has said that the order impacts a relatively small number of state employees, about 1,300. But those employees have said that such a change will disrupt their family and child care arrangements and cost them more in parking fees and commuting expenses.
Pillen officials, meanwhile, have said that agencies can grant exceptions, for instance, when there isn’t sufficient state office space to return to the office or when returning to an office would increase costs.