Recently, the Nebraska Commission of Industrial Relations (CIR), which rules on labor disputes, issued an order upholding Governor Jim Pillen’s November 2023 executive order (EO 23-17) for all state employees to return to their workplaces. The CIR’s decision completely upheld the validity of the Governor’s executive order, ruling that the issue of ordering the state’s workforce back to the office is fully under the Governor’s executive authority and dismissing all the Nebraska Association of Public Employee (NAPE) union’s claims.
The CIR went further, ordering the union to repay the taxpayers for their expenses in defending the case. The CIR characterized the union’s petition as a “disingenuous maneuver seemingly for the purpose of improperly delaying the [executive order] and boosting membership numbers using the subsequent press coverage.” The CIR further ruled that the union “could not have reasonably or in good faith believed they would prevail by bringing this case.”
Gov. Pillen issued the following statement commending the CIR’s decision:
“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. The COVID-19 pandemic is long over, and it is likewise long overdue that our full workforce is physically back. I am grateful for this thorough and well-reasoned decision and to the state’s personnel and legal teams for their tremendous work in securing this victory on behalf of the people of Nebraska.”
The Governor expects all state agency heads to immediately enforce Executive Order No. 23-17.
“It is my expectation that all public servants currently working remotely, should be prepared to report to their home offices starting Monday,” said Gov. Pillen. “That is exactly what our state troopers, correctional officers, highway workers, farmers, ranchers, and business owners have done before, during and since the pandemic. I know they will come with a positive attitude that reflects their professionalism and determination to serve the people of the Nebraska.”