The Nebraska Association of Public Employees (NAPE), a union representing more than 8,000 workers, has appealed to the Nebraska Supreme Court a decision on an executive order that ended most telework arrangements for state employees.

Governor Jim Pillen issued the executive order in November 2023, and in December NAPE filed suit with the CIR after Pillen refused to negotiate with the union.

Last month, the Commission of Industrial Relations (CIR), the state’s labor court, ruled against the union and ordered it to pay about $111,000 in legal fees, alleging that NAPE filed the lawsuit in bad faith.

NAPE Executive Director Justin Hubly said he strongly disagrees with the decision and believes the legal fees could deter other public employees from bringing a case before the CIR.

“This is an abuse of discretion,” Hubly said. “And the bigger issue here is public employees, whether they’re teachers, police officers, firefighters, county employees, state employees – we don’t have the right to strike in Nebraska and we can’t go to court immediately with these claims. We only have one way to legally defend ourselves, and that’s to go to the CIR.”

Hubly said he wants additional information before the next labor contract the union will negotiate with the state in September.

“We are trying to protect our rights here, but more than that we want clarity from the court,” he said. “If we lose in court, I think the court will make a reasoned decision so we know what we have to do at the negotiating table.”

Laura Strimple, a spokeswoman for Gov. Jim Pillen, wrote: “The COVID pandemic is long over. Gov. Pillen had the authority to send officers back to the office – just as state troopers, corrections officers and transportation workers worked from their respective workplaces during the pandemic. The governor has confidence in the legal process and in the state’s legal team as this case moves toward a conclusion.”

In the spirit of full disclosure, some Nebraska Public Media employees are members of the NAPE AFSCME union.