Battle over bluejeans to be heard by Nebraska’s highest court

LINCOLN, Neb. (Nebraska Examiner) — Call it the “battle over bluejeans” or “denim-gate,” but the state employees union says its lawsuit against a state agency’s ban on bluejeans is about much more than just what state workers can wear on the job.

On Wednesday, the Nebraska Supreme Court will hear oral arguments in the case, Nebraska Department of Health and Human Services v. Nebraska Association of Public Employees (NAPE/AFSCME Local 61).

Only on Fridays

The Department of Health and Human Services is appealing a ruling that blocked it from banning the wearing of denim jeans by workers on Mondays through Thursdays.

The union had contested the DHHS order, arguing that it was contrary to the dress code it had negotiated with the state. That dress code allowed workers to wear casual attire, including jeans, every day of the week, and not just on Fridays.

An arbitrator, in its ruling, sided with the union, which prompted DHHS to appeal.

However, Lancaster County District Judge Robert Otte also ruled in favor of NAPE, which prompted the state agency’s appeal to the Supreme Court.

The high court, which is meeting at Nebraska City High School on Wednesday, is scheduled to take oral arguments in the case at 9 a.m.

‘Waste of taxpayer’ funds

Justin Hubly, executive director of NAPE, said the case is about more than jeans — it’s about the state’s duty to negotiate over mandatory subjects of bargaining and to abide by arbitration decisions.

“Our members will never hesitate to defend their rights, even if the case goes all the way to the Supreme Court,” Hubly said in a press release.  “It’s disappointing, and frankly a waste of taxpayer dollars, for HHS to continue this litigation.”

The agency, he said, hasn’t found a judge yet to agree with its position, “and we don’t expect them to find one on the Supreme Court either.”

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