Zach Wendling
Editor’s note: This report will be updated after the union’s press conference.
LINCOLN — The state employees union is renewing demands that the state bargain around remote work as the governor calls for state employees to return to in-person offices by Jan. 2.
The Nebraska Association of Public Employees, which represents more than 8,000 state employees, on Thursday shared the results of a survey of union members conducted in the last week and planned a 12:15 rally at the Nebraska State Capitol. The union initially called for a demand to negotiate Nov. 28.
Gov. Jim Pillen’s office and the Department of Administrative Services did not immediately respond to requests for comment Thursday morning.
More than 1,700 employees responded to the survey, with nearly 1,400 (16% of the total state workforce, indicating they are considering non-state jobs because of the executive order:
- 797 employees said they were considering looking for a new employer.
- 593 more employees said they are actively looking or have already applied for new employment.
“The survey results show that remote work opportunities are critical to retaining our current workforce,” said Melissa Haynes, president of the union and a lead social services worker in the Nebraska Department of Health and Human Services, in a statement.
State says bargaining not required
Pillen signed the Nov. 13 executive order ordering an end to remote work for state employees and stating they had to return to their offices full time by Jan. 2. In his order, Pillen stated the COVID-19 pandemic, which led to a great increase in remote work, is over.
The governor also dictated that the regular work hours of all employed public servants shall be 8 a.m. to 5 p.m., excluding Saturdays, Sundays and holidays.
The order allows certain exceptions, such as if offices don’t have sufficient space.
Dan Birdsall, employee relations administrator and the state’s chief negotiator, has said there is no need to bargain because Pillen’s order simply assigns worksites and schedules, according to the union.
‘One-size-fits-all approach doesn’t work’
However, Justin Hubly, executive director of the union, said in a Wednesday email to Birdsall that the order “requires wholesale changes to the status quo” and that the related terms and conditions have not been negotiated.
Those negotiations are required, Hubly added, pursuant to Article 1.4 of the labor contract, the State Employees Collective Bargaining Act and the Industrial Relations Act.
“We are aware of hundreds of employees who were hired with a promise and advertisement of remote work opportunities, and who have never been assigned to a state office,” Hubly wrote, referring to a state webpage that advertises flexible work schedules.
Haynes said many workers, in both public and private sectors, have found remote work to be beneficial and to improve workplace efficiency.
“A one-size-fits-all approach doesn’t work in 2023,” Haynes added.
The union said there is “good news,” however: 1,210 of the employees who said they’re considering leaving (87%) said they would stay if the executive order is rescinded.
“That’s why bargaining over this issue is so important,” Hubly said in a statement. “We are confident that through negotiations we can work out contract language that is beneficial to all, especially our fellow Nebraskans.”
Bargain demands
Hubly said the following items must be bargained, though the list, he said, is not exhaustive:
- The definition of remote work and remote location.
- The assignment procedures, criteria and expenses if an in-office arrangement is not possible.
- The assignment procedures, criteria and expenses if an office is at full capacity.
- The definition, criteria and duration for exceptions to sustain critical operations.
- The definition and requirements to declare a workforce shortfall to allow remote work.
- Remote work options in lieu of using leave during severe weather or other emergencies.
- The criteria for an agency head to make exceptions on an individual basis.
- The procedures for measuring and confirming productivity in remote assignments.
- Parking availability and assignments.