
"Justice Jonathan Papik emphasized that the state has the right to 'increase, reduce, change, modify and alter the composition and site of the workforce,' as outlined in the collective bargaining agreement."
"Papik noted, 'In the absence of language in the collective bargaining agreement suggesting otherwise, it would be anomalous to interpret the agreement to grant the employer a unilateral right to make a particular decision but to reserve to the union the right to bargain over the procedures it will follow to implement that decision.'"
The Nebraska Supreme Court upheld a decision allowing state officials to refuse bargaining with a union regarding a 2023 executive order limiting remote work. Justice Jonathan Papik stated that the state has the right to modify workforce composition as per the collective bargaining agreement. The ruling supports an executive order mandating most state employees to return to in-person work by January 2024. The union's argument for negotiation was dismissed, as they had previously agreed to the terms allowing the state to assign work locations.
Read at Nebraska Examiner
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