Union about to strike can non union employees be locked in?

I work at a refinery in Ohio. The companys union employess may go on strike. This would require the companys non union salaried employees to be locked in. The company also has contractors that work at the refinery. I work for the contractors security company and we are non union. If there is a strike i was told by my manager that security is also locked into the refinery and must work 12 hours 7 days a week. So is this policy on the secuirty company legal? Can they force us to stay 24 hours a day but only pay us for 12 hours a day?

Thanks

Opinion:

I don't know much about union stuff, but it sounds like your company is attempting to put a whole new meaning on "lock-in."

Isn't a "lock-in" the rare occasion in which strikers force mgmt to remain IN the workplace?  Or perhaps the problem Walmart faced years ago by not allowing scheduled night staff to leave the store?

http://www.nytimes.com/2004/01/18/us/workers-assail-night-lock-ins-by-wal-mart.html?pagewanted=all&src=pm

The "12 hrs/7days-but-stay-on-property" theory sounds ridiculous.  Check with DOL.

I would also check with an attorney to see if they can do this.  Personally, I think it would backfire on them if they have union strikers, then employees who refuse to comply with their demand to remain for 24hrs and be paid for 12 ...

We have never heard of such a thing; certainly can't be legal!

Try to get more info and post here.  I suspect someone is WAY off or pulling your leg.

Actually, I have heard of this happening, although not for several decades now (at least in my neck of the woods.)  Strikes can get really, really ugly and violent.  Locking the strikers out and the non-union/management employees in (for their safety and the security of the facilities and products) has happened.  Non-union and management employees are escorted in and out under protection.

Can't comment further on the NLRB rules and related legalities though;  I've always made it a point to steer clear of working for unionized companies.

I have heard of management locked in for their own safety in violent situations and I have heard of strikers locking management in...

But this manager seem to think it is par for the course.  Maybe OP misunderstood?  OP might want to ask the manager for this in writing...maybe he misunderstood?  If it's in the company policy...well, I'd contact a lawyer.

It is curious that he should say such a thing.

dupaloop3611:

If there is a strike i was told by my manager that security is also locked into the refinery and must work 12 hours 7 days a week.

Have your manager clarify the arrangements.  Working 12 on and 12 off doesn't sound unusual, but having to remain onsite for the off hours seems a bit odd.  In my experience we have work the 12/12, but arrangements were made for shift changes to be monitored and security was tight at those times.  Maybe something was lost in the translation.

The employer's free to dictate work hours (whether your employer will say "okay" to the client, we cannot know).  As for not allowing you to leave the premises, while they're free to dictate that, your employer presumably have to pay you for the time if you're non-exempt since you aren't free to do as you please.  You may discuss with state labor dept.

Obviously, no one can "force" you to do a thing; you're free to say "no" and your employer or their client are free to say "buh-bye." 

I checked with my boss. the compnay is saying that they are only going to pay for 12 hours of work per day and require us to stay on the property.

so where can i find the exact law on this or should i call the DOL?

I have been a place where a nasty strike resulted that salaried employees stayed on site  --and we actually had a postal substation  on site and  postal service was required to service mail--and our production went out by mail! Manangement can require salaried staff to be there 24/7  beyond that folks are free to just walk off

They need not pay salaried staff  a dime more than basic salary. Of course your cooperation depends on more than treating you like dirt! But its a balancing act....

BULL--if management requires nonexempt-hourly staff to be on premises 24/7 they are going to get some big time wage payments due. But you seem to be addressing salaried workers.

OK so somebody will want to debate exempt v non exempt --but I hope you get correct overall picture.

Me, if I were hourly security I'd zip my mouth--work the hours, stay locked up and address the massive overtime pay required later--by then employer has locked in a fact pattern--just my view----.

Im a non union hourly worker.

I just dont want to be locking myself in without the proper correct info. this policy is from the 1983 lockout lol thats why i want my ducks in a row before i agree to some outdated policy

There is no question if you get to agree--management issues directives --you get to chose to obey  or not.

 If not, you then may or may not get fired for willful insubordination--NO unemployment comp for that move.

I lean towards obey and smile --its the best choice in town.

You want to be locked up on site--if you are free to wander about town on 30 minute call it may seriously hurt /kill your odds to get paid for standyby time!

 You might get a pleasant trip to bank ?

I think you're missing the point, and it doesn't matter whether it's an old policy they intend to follow again.  Your employer is free to dictate X (passing along a dictate from the client company) and you're free to decide to walk or not.  They don't need to get you to "agree".  :)

so where can i find the exact law on this or should i call the DOL?

Before you head down that path, I suggest you research your employer's "lock in during a strike" policy with the NLRB (National Labor Relations Board.)  They are the federal entity responsible for enforcing the National Labor Relations Act which may have provisions/guidelines that provide for this and define the non-work lock-in time as non-compensible.

www.nlrb.gov

If such a thing in terms of the union workers' contract extends to contractor's employees, no problem; if it doesn't ...