LINCOLN — A state labor court on Thursday took under advisement a request by the state employees’ union to delay an executive order by Gov. Jim Pillen to end most remote or hybrid work arrangements by Jan. 2.

Such an order, union representatives argued Thursday, would create “chaos” for state workers and the taxpayers they serve because of adjustments employees would have to adopt quickly or because of an expected exodus of workers to private jobs that allow working from home.

Justin Hubly, executive director of the Nebraska Association of Public Employees, said that more than one out of every five state jobs are already vacant, and ending remote working arrangements would exacerbate the labor shortage.

“That’s a scary number,” Hubly said of the vacancy rate.

An attorney representing the Pillen administration rejected the “parade of horribles” predicted by the union and said NAPE is making an “extraordinary” attempt to usurp the governor’s power to manage state employees.

Mark Fahleson, a Lincoln attorney appointed by the state to handle the labor dispute, said the state’s labor contract allows the governor to change “the site” of the workforce without bargaining with the union.

Fahleson added that NAPE had submitted a proposal on remote work during collective bargaining a year ago but withdrew it after winning “record (high) salary increases.”

“They’re asking the commission to award them something they voluntarily gave up,” he told the Nebraska Commission of Industrial Relations.

William Blake, the commission’s head, said that a three-member panel of commissioners would work quickly to rule on the request for a temporary injunction against Pillen’s order going into effect.

Blake also asked attorneys for the NAPE and Pillen to submit written briefs on whether a state law already prohibits any change in “employment status … in any way” while a grievance is being considered by the commission.

On Nov. 9, Pillen issued his back-to-office order, saying that the COVID-19 pandemic is over and that the “common-sense expectation” of the public is that state employees are working in a state office.

It prompted an immediate outcry from the union, which represents about 8,000 state workers, and appeals to the industrial relations commission, which decides labor disputes.

NAPE argues that remote work was allowed prior to the pandemic and that it has, in some cases, saved the state money and helped fill jobs that don’t require meeting the public. The union maintains that any change in conditions of employment must be subject to bargaining.

The order allowed for several exemptions, such as if office space wasn’t available. But Abby Osborn, a Lincoln attorney who represented NAPE, told commissioners the conditions for allowing the exemptions aren’t clear. She predicted that the CIR will be dealing with a flood of grievances over why some workers were allowed to work at home and others weren’t.

Osborn added that the state statute requiring no changes in employment while the CIR hears a grievance is “pretty clear.”

Hubly said about 1,300 state employees work remotely, which is a relatively small number.

He added that the union dropped its request for remote work a year ago as the deadline for signing a labor contract with the state was nearing and after the state offered generous raises.

Fahleson asked the commission not to consider an email survey taken of dues-paying NAPE members that showed that 1,390 of 1,700 respondents are considering or actively looking to leave state jobs due to the order.

He said that should be regarded as “hearsay” because NAPE polled only its 2,600 dues-paying members, while it represents 8,200 state employees.

Overall, Fahleson argued that the governor’s order allows exceptions, if necessary, to work from a state office but that most remote and hybrid work arrangements allowed during the pandemic should end.

He added that there has been no change in the “status quo” because the governor has had the “legitimate” power all along to dictate state employees’ work sites.

One CIR Commissioner, Patricia Vannoy, was unable to attend Thursday’s oral arguments due to illness. But Blake said she will be provided with the arguments and will participate in the commission’s ruling, which is anticipated as soon as late next week.

Nebraska Examiner is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Nebraska Examiner maintains editorial independence. Contact Editor Cate Folsom for questions: [email protected]. Follow Nebraska Examiner on Facebook and Twitter.