More than 100 state employees rallied during a noon hour in early December against Gov. Pillen's order to end remote work. Dec. 7, 2023. (Zach Wendling/Nebraska Examiner)
The Nebraska Commission of Industrial Relations, a state agency charged with settling disputes between public employees and their government employers, recently made a high-profile decision regarding remote work assignments for state employees that may affect all Nebraskans.
While the Nebraska Association of Public Employees (NAPE/AFSCME) has appealed the CIR’s recent decision that the State of Nebraska does not have to negotiate the terms and conditions of remote work assignments, Gov. Jim Pillen should end the dispute today and negotiate an agreement with state employees that benefits all Nebraskans.
In November 2023, the governor issued an executive order, effectively ending remote work assignments for state employees. At the time, the governor stated, “We’re running state government like a business, and the best way to do that is face to face.” It has been clear from the outset that the governor has a strong preference for in-person work assignments, while some state employees see value in a remote or hybrid work assignment.
Since the COVID-19 pandemic, society has debated the positives and negatives of remote work, and, of course, there are pros and cons to both remote and in-person assignments. Today, 85% of state employees work face-to-face full time, and did so throughout the pandemic, ensuring that essential services were provided to our fellow Nebraskans.
Nobody has suggested that our snowplow drivers, nurses, maintenance workers, and Department of Motor Vehicles examiners, to name a few, should have a remote work assignment. The overwhelming majority of state jobs must be performed in person to provide the quality services our neighbors expect.
However, in order to make state government run effectively and efficiently, there are a number of dedicated state employees who do critical work that doesn’t directly interface with the public. Our child support enforcement workers, accountants, auditors, payroll specialists and many more do crucial work that often goes unseen.
In many job classifications, we are facing a staffing shortfall. The governor said, “Nebraskans expect that our agencies are fully staffed and open for business.” The governor is correct on the expectations, but the reality is we aren’t anywhere near fully staffed. Ending remote work assignments will only exacerbate the problem.
More than 20% of state jobs were vacant in May 2024. Even after the governor eliminated some vacant positions in June 2024, the vacancy rate remains in the double digits. Remote work assignments help to attract and retain employees in certain positions, and we should do everything we can to ensure all vacant positions are filled.
That is why our union filed a complaint with the CIR when the governor refused to negotiate over remote work assignments. State law requires negotiations between our union and the governor over changes to the terms and conditions because it’s best practice. Negotiating working conditions with state employees is a smart investment for the future.
The dispute, now headed to the Nebraska Supreme Court, is less about remote work, and more about when negotiations are required between the state and its employees. Even if the Supreme Court rules in the governor’s favor, he would be well served to work with state employees and negotiate. By negotiating common sense terms and conditions for employees, where appropriate, we can ensure the most efficient and effective delivery of state services, and attract and retain a new generation of public servants.
A union is a group of employees who unite together to advocate and collectively bargain their wages and working conditions. State employees’ working conditions are directly tied to the quality of services that the public receives. It’s important to listen to the voices of frontline state employees.
We hope the governor will end this litigation and negotiate with us. We are confident that we can work together with the governor at the negotiating table to come up with a solution that sets the State of Nebraska up for success for years to come. We have successfully done so with six different governors over the last 37 years, and we are confident we can do the same with Gov. Pillen.
When we work together and negotiate, everyone has a voice in crafting the best possible outcomes. It’s a win for the state, a win for the employees, and most importantly, a win for all Nebraskans.
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