The union representing thousands of state employees has filed a demand to bargain after Gov. Jim Pillen ordered them to return to the office full time beginning in January.
The Nebraska Association of Public Employees, which represents more than 8,000 state workers, sent a formal demand to Dan Birdsall, the governor's chief negotiator and administrator of employee relations, on Monday.
In the letter, NAPE Executive Director Justin Hubly said most state employees are working in offices across Nebraska, but remote work assignments, when appropriate, have been beneficial to both employees and taxpayers.
Approximately 2,855 state employees have been working in hybrid or remote settings, with some of those arrangements existing long before the COVID-19 pandemic as Nebraska's state agencies have sought to recruit and retain top talent.
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Pillen, however, in his Nov. 13 executive order, said he believed public servants "have a duty" to be in the office Monday through Friday, 8 a.m. to 5 p.m., adding he believed "face-to-face engagement" results in greater efficiency.
"We're running state government like a business, and the best way to do that is face to face," Pillen told reporters last week. "I don't believe in doing it from home."
Hubly said NAPE understands the governor's preference for having state employees be in the office or at a worksite, but he said the dramatic change in work situations and flexibility should be subject to bargaining.
"While we respect the governor's right to have a preference, the terms and conditions of employment are mandatory subjects of bargaining under both the Nebraska State Employees Collective Bargaining Act and the Industrial Relations Act," he added.
Under NAPE's contract with the state, any changes to the terms and conditions of employment that are mandatory subjects of bargaining and are not otherwise covered by the contract require the state to bargain with the union.
"Remote work is not currently covered by the agreement, and, therefore, must be bargained," Hubly wrote.
The union gave the state until Dec. 12 to respond, and it is planning a media briefing on Dec. 7, according to a news release.
The executive order goes into effect on Jan. 2, meaning state employees will no longer be able to work remotely or hybrid after that date, which Hubly said could exacerbate staffing shortages at several state agencies.
Since the executive order, NAPE has gained nearly 150 new members, he added, which he attributed to the potential change in work arrangements for some.
"Our top priority is ensuring that we can continue to provide effective and efficient services to our fellow Nebraskans, while also respecting the rights of our members, our contract, and the law," he said.
"We must do everything in our power to ensure the state is able to retain its current workforce and attract a new generation of public servants for the future," Hubly added.
In a statement, Birdsall said the state was planning to move forward as directed by Pillen.
“Based on the labor contract, the state has discretion over the determination as to work locations and schedules," Birdsall said. "Agencies have been directed to make necessary preparation in line with the governor’s executive order, which will go into effect on Jan. 2.â€
In the weeks since the governor's executive order, more than two dozen workers have raised concerns about the loss of remote work or flexibility in their schedules.
Those employees said the cost of commuting, inability to find child care, after-school supervision or transportation would lead them to consider leaving their positions.
Before Pillen's order, the state had more than 2,500 unfilled jobs.