Nebraska court halts RTO order

NEBRASKA, UNITED STATES — The Nebraska Commission of Industrial Relations has temporarily halted Governor Jim Pillen’s executive order requiring state employees to return to the office by January 3rd, citing a state statute that the “status quo” in working arrangements must continue until the commission rules on a union grievance.
“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 Nebraska Association of Public Employees (NAPE), representing over 8,000 state workers, filed the grievance after the Governor rejected requests to negotiate over the proposed change.
NAPE argues ordering such a change without bargaining is a “prohibited practice”.
The union conducted an internal survey and found that 16% of respondents are considering leaving state employment due to the remote work ban, though some indicated they would stay if the policy is reversed.
The administration counters that the Governor has a mandate to restore in-person work now the pandemic has ended, believing employees are more productive together in offices.
“Working from home, even in a part-time capacity, does not lend itself to efficient and financially responsible operations from the state,” spokeswoman Laura Strimple said in a statement.
The ruling narrowly applies to NAPE members with remote or hybrid arrangements. Other state workers must still comply with the back-to-office directive.
“Nebraskans have a common-sense expectation that public servants are coming to work and Gov. Pillen intends to deliver on that expectation,” said Strimple.