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Home » Labor Court Sides With The State On Latest Legal Volley In Remote Work Case

Labor Court Sides With The State On Latest Legal Volley In Remote Work Case

Published by jason@omahadail... on Fri, 02/23/2024 - 2:00am

More than 100 state employees rallied during a noon hour in early December against Gov. Pillen’s order to end remote work. (Zach Wendling / Nebraska Examiner)
By 
Cindy Gonzalez
Nebraska Examiner

LINCOLN — A state labor court on Friday sided with the State of Nebraska, which had balked at an employee union’s request to provide records the state said could potentially cost over $1 million to produce.

The 8,000-member Nebraska Association of Public Employees — in its battle with the state over remote work opportunities for state government employees — had sought additional information and a trial delay.

NAPE’s requests were denied by the Nebraska Commission of Industrial Relations.

“The disputed requests are overly broad, unduly burdensome and without any tie to potentially relevant or admissible evidence for the commission’s consideration in deciding this dispute,” hearing commissioner Gregory Neuhaus wrote on behalf of the CIR labor court.

Justin Hubly, the union’s executive director, said he didn’t see the decision as a significant setback.

“So we’ll go to trial on the 26th,” he said, referring to the Feb. 26 scheduled CIR trial start in Lincoln.

At issue is Gov. Jim Pillen’s executive order, signed Nov. 9, that aimed to end remote work circumstances for most state employees, with a few exceptions. The governor’s order for state employees to return to their daytime office worksites by Jan. 2 set off a firestorm of objections.

The union filed a formal grievance with the CIR, maintaining that ordering such a change in working conditions was a “prohibited practice” that cannot be done without bargaining between the parties.

Hubly has said the governor’s order impacts about 1,300 state employees.

In the most recent court filings, the state this week requested a protective order to keep the state from having to comply with what it called annoying and expensive requests from the union for information regarding the case.

State attorneys contended, for example, that in the Department of Administrative Services, the union’s request would result in about 72,100 documents and 2,400 hours of review to determine “privileged status.” The estimated cost to do that, the attorneys said, was $600,750.

The brief from state attorneys said the union sought the documents to “overly burden” the state and prolong proceedings.

 

This story was originally published by Nebraska Examiner, an editorially independent newsroom providing a hard-hitting, daily flow of news. It is part of the national nonprofit States Newsroom. Find more at nebraskaexaminer.com.

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