The union had agreed to contract language it may now regret – and a $42K fee award made things worse
Nebraska's top court just backed an employer's right to end remote work – no union bargaining required – but drew the line at punishing the union.
In a decision filed on April 17, 2026, the Nebraska Supreme Court sided with the State of Nebraska in a dispute over Governor Jim Pillen's executive order generally prohibiting remote work for state employees. The court found the state had no obligation to negotiate the policy change with its employees' union – because the union had already agreed to contract language that gave the state the power to do exactly what it did.
The case traces back to November 2023, when Governor Pillen ordered state executive branch employees to report to their assigned offices, facilities, or field locations instead of working remotely. The order included a handful of exceptions, such as when an agency lacked available office space or when an employee's work hours fell outside normal business hours, but the default was clear: remote work was over.
The Nebraska Association of Public Employees Local 61, an AFSCME-affiliated union representing many state employees, pushed back. The union took the position that remote work was a mandatory subject of bargaining and demanded negotiations. The state refused.
The union then filed a prohibited practices petition with Nebraska's Commission of Industrial Relations, alleging the state had violated state labor...
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