A state agency's decision about whether to let Gov. Jim Pillen's return-to-office order take effect on Jan. 2 could come down to the wire.
The Commission of Industrial Relations heard arguments Thursday on a motion for temporary relief filed by the Nebraska Association of Public Employees, the state's largest employee union.
The commission made no immediate decision on the motion and asked for additional briefs from both sides. The briefs are to be filed Tuesday and Wednesday next week, which will leave only two business days before the directive is to be implemented.Â
Presiding Commissioner William Blake said he understands the need to decide the issue "as quickly as possible," but he made no promises.
"My expectation is we will deal with it expeditiously," he said.
The employee union's motion seeks to delay implementation of the governor's directive until the commission can hear and decide a petition filed by the union last week.
The petition asks that the state be ordered to negotiate over Pillen's Nov. 13 executive order, which would require state employees to work in their offices from 8 a.m. to 5 p.m., Monday through Friday, with some exceptions.
The commission is a state agency designed to resolve labor disputes involving state and local government employees. Nebraska law bars such employees from going on strike.
Abby Osborn, an attorney representing the union, argued that state law provides for the commission to "preserve and protect" the status quo when a petition has been filed with the commission.
She said the state had not shown any harm from delaying the change, while the union had presented evidence that a forced return to the office would drive more employees out of state jobs and affect service to Nebraska taxpayers.
Mark Fahleson, representing the state, argued that the collective bargaining agreement with NAPE gives management the right to decide the "site of the work force." He said that preserving the status quo means preserving that right.
He also noted that the union had proposed to include remote work in the agreement last year but ultimately dropped the idea. NAPE Executive Director Justin Hubly said the union dropped the idea so it could reach agreement with the state as the statutory deadline approached.Â
Pillen’s order provides for some exceptions to be authorized by agency heads. Those exceptions include employees whose assigned work hours fall outside the 8 a.m. to 5 p.m., Monday through Friday schedule and situations in which office space is unavailable without additional cost.
Exceptions also can be made to “sustain critical operations in a business area with a workforce shortfall,†subject to the governor’s approval. In addition, exceptions can be made for employees who move away from their original office location and no reasonable in-office arrangement is possible, as long as the employee remains in Nebraska.