Commission backs Nebraska governor’s return-to-office order

OMAHA, Neb. (AP) — A Nebraska state employees union is considering an appeal after a commission sided with the state’s Republican governor in ordering state employees to return to their offices.

Gov. Jim Pillen issued a statement late Thursday announcing the ruling by the state Commission on Industrial Relations, or CIR, on his order ending remote work, which had been implemented during the pandemic. The commission serves as an arbitrator to resolve public sector wage and working condition disputes

“Today’s ruling is a vindication of the state’s right to determine that its public servants will come into work where they can be most productive,” Pillen said in the release.

Pillen, a hog farmer by trade who has often said he envisions running state government like a business, followed in the footsteps of a number of corporations that have stepped up return-to-office policies, despite a backlash from some employees. That included Google, Salesforce, Amazon and Zoom.

The decision came in a challenge to Pillen’s return-to-office order issued in November by the union representing state employees, the Nebraska Association of Public Employees.

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The ruling went beyond simply dismissing the state employee union’s challenge. It accused the union of acting in bad faith and characterized the challenge as a “disingenuous maneuver” intended to delay Pillen’s executive order and boost membership numbers.

The commission then took the rare step of ordering the union to pay the state’s attorney fees, to be determined at a later date.

Justin Hubly, executive director of the employees union, expressed dismay Friday at both the commission’s ruling on the challenge and its order for the union to pay attorney fees.

“I think that’s outrageous,” Hubly said. “And I think it was meant to chill workers and employee unions from going to the CIR in the future with their complaints.”

The ruling was issued by three commissions, all appointed by Republican governors — including two appointed by Pillen’s predecessor and close ally, U.S. Sen. Pete Ricketts. Ricketts donated more than $100,000 of his own money directly to Pillen’s campaign for governor. A week after Pillen took office in 2023, he appointed Ricketts to fill Nebraska’s open U.S. Senate seat.

“We’ve never felt that the process of state employees going before a commission appointed by the governor — when you negotiate with the governor — is a particularly fair process for resolving disputes,” Hubly said.

Pillen said in his written statement that he expects all state agencies to enforce the order without delay.

“It is my expectation that all public servants currently working remotely should be prepared to report to their home offices starting Monday,” Pillen said. “That is exactly what our state troopers, correctional officers, highway workers, farmers, ranchers, and business owners have done before, during and since the pandemic.”

But it’s not entirely clear that all state employees have office space in which to return. Some agencies, including the Department of Health and Human Services, the Natural Resources Department and the Department of Administrative Services, have long allowed remote work options and have significantly reduced their physical office space.

Pillen’s office did not immediately return messages Friday to answer the question of whether the state has enough office space to house its entire workforce. The state employees union represents more than 8,000 employees.

The employees union has also warned that the order could worsen staffing shortages and limit state agencies’ ability to retain and attract high-quality public servants. In a survey conducted of its members following Pillen’s order, the union found that of the 1,700 employees who responded, more than 1,000 said they were actively looking or considering looking for new jobs in response to the order.