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Employee-Management Committee denies grievance over return-to-office requirement

State of Nevada Employee-Management Committee · August 8, 2024
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Summary

The Nevada Employee-Management Committee voted 3–1 Aug. 8 to deny Grievance #10234 from John Lum, finding remote work is a management option and the EMC cannot override the governor’s return-to-office policy. Committee counsel said the record lacked supporting evidence.

The Nevada Employee-Management Committee voted 3–1 on Aug. 8, 2024, to deny Grievance #10234 filed by John Lum of the Department of Health and Human Services, who contested a directive to return to full-time in-office work. Mary Gordon moved to deny under NAC 284.695, citing that remote work is a management option and not an employee entitlement; Ava Case seconded. "In accordance with NAC 284.695, I-I motion to deny Grievance #10234 based on remote work is a management option and not an employee entitlement or right. In addition, the EMC cannot supersede the governor's policy," Gordon said.

Jordan Laub, deputy attorney general serving as EMC counsel, told the committee the record submitted with the grievance failed to show that other employees were treated differently and cautioned that the committee must decide based only on the materials attached to the grievance. "We have to look at the record only as attached," Laub said, adding that the committee must be careful with COVID-era remote-work directives and that scheduling decisions generally rest with the employing agency. The committee recorded a 3–1 vote to deny the grievance; Turessa Russell cast the sole dissenting vote. The committee did not schedule a hearing on the matter.