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Full Project – EVALUATION OF TRADE UNIONS AND COLLECTIVE BARGAINING IN NIGERIA

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CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND OF THE STUDY

Generally, a trade union is an organization of workers who are banded together to achieve common goals such as better working conditions. Trade unions according to Ekanem and Iyoha, (2004) are “associations of workers who seek to attain some acceptable balance of increased wage – employment, improved conditions of service and efforts to curb government hostile decisions”. It does this through collective bargaining and strike or threat to strike. It is apparent that, the influence and power of the Nigeria Trade Unions for good or ill should not be underestimated (Ekekwe, 2000), since their activities are capable of holding the economy (socio-economic stability) to ransom.

According to Richardson (2000: 5), a trade union is a continuous association of manual or non- manual workers including professionals formed to achieve such objectives as the safeguard and improvement of the working conditions of workers, promotion of their vocational interests and, not quite often, changing the economy and political institutions of the country for better. These explanations by Richardson emphasis, permanence or continuity which means that for an association of workers to be called a trade union, it must be permanent and not just an ad-hoc conglomeration of the workers of a plant or industry for the achievement of a particular objective.

Ojeli D.C. (2001:5) opined that, “whatever roles the Nigeria Trade Unions should play, one thing is certain, and that is, that their primary function is to regulate and thus improve the worker‟s salaries/wages and conditions of employment. All other activities trade unions have undertaken and all other purposes which they have acquired should be regarded as a bi-product and auxiliary to their major purpose and activity”.

One very important issue that form the fulcrum of industrial relations as a subject is collective bargaining activities which aim to address better conditions of workers well being. However, the subject industrial relations include other areas of relationship that are unstructured or informal. Typical of this is the study of personal, interpersonal behaviour within the organization industrial relations is therefore not limited to unionized work organizations. It covered what also happened in un-unionised organizations as well. Industrial relations, thus have been defined in various ways by scholars in this field according to their philosophical outlook of society.

Dunlop, A. C. (2000) in his book Trade Union systems defines Trade Unions as the network of rules which govern the workplace and the work community that vary overtime. This definition includes the character of the rules, the manner in which they are formulated and administered or altered.

In the same vain, Flanders look at Trade unions as a study of institution of job regulation. Like Dunlop, he focuses on Trade unions as a system of rules. In essence, Dunlop and Flander anchored their understanding of Trade Unions and collective bargaining on rules such as legislation, statutory orders, trade union regulations, collective agreements, arbitration awards, social conventions, managerial decisions, and accepted “custom and practice” (Hyman R. 2006).

Clegg (2002) on his own part tends to define Trade Union from the impact the informal work group, including the unofficial custom and practices; have in controlling many aspects of the organization of the organization of work as employment. One good example that is related to this definition is the situation in Japan where industry is established along family line. It is therefore believed that, this personal attachment is the source of less industrial conflict among workers and employers in Japan. Even though Clegg‟s definition differ a bit from Dunlop and Flander in form, for being based on unstructured or informal premise, in essence, they share a lot in common since custom itself, even though informal, serves as checks and balances and has become a very important component parts of societal rules, norms and regulations. The situation in early Nigerian Trade Unions in the 50‟s and up to early 70‟s when factionalisation on ideological basis influenced both the conservatives and the radical unions to support the struggle of the workers so as to gain the support of rank and file workers was a good example of such unofficial custom and practice in Trade Unionism. More often than not, such competition and rivalry between both factions were ready source of industrial crisis against management.

The above definitions of Trade Unions have been criticized from Marxist point of view for only responding to the effects of industrial crisis. Marxist criticism against these scholars hinged on narrowing their definitions on rules, regulations and institutions which aim to regulate and maintain cordial relationship among the parties in industrial relations. Marxists therefore contend that this opinion, are conditional responses that emanated from the struggle going on within the parties. Sometimes, these struggles might be subtle and at times, open. Taking such rules, regulations and institutions as the concrete content of Trade Unions, Marxists therefore contend that, this amount to reducing Trade Unions to the study of effects of relationship among parties without concern for the proximate cause of such relationship. It is on this basis that Marxist theorist, Richard Hyman (1999) for instance, in analyzing Trade Unions, advanced the position that, Trade Unions should take into consideration the processes of control over work relations that will involve both job regulation – collective organization and action. In defining Trade Unions therefore, Marxists take in cognizance the existence of contradictory processes and focus and insists that in the study of Trade Unions, should be placed on the same pedestal. Hence equal priority should be given to the sources and consequences of industrial conflict.

Marxist methodology in general as in industrial relations focuses on the property relationships that exist in class society. It pointed out the capitalist character of the economies of Western Europe, North America and Japan where Trade Unionism and industrial relations originated. Nevertheless, the development industrial Relations vary from one country to another. In the case of Japan, it is largely influenced by culture, while that of USA and Western Europe developed thorough statutory law/legal precedents) and legislation (Acts of parliament) respectively. The different paths that development of Trade Unions took in the Western world is historically determined by how capitalism developed in these developed advanced capitalist countries. This necessitated Marx K. (1977: 67 – 72) position that the ruling ideas of each age have always been the ideas of its ruling class and that man‟s consciousness changes with every change in the conditions of his material existence, in his social relations and in his social life.

It needs to be mentioned and classified that the formation of these unions were not a straight forward issue. Civil service union for instance at first was restricted to “senior” African bureaucrats who, (were0 satisfied with writing the occasional memorandums on the amelioration of existing terms of service and with petitioning against the award of bonus „War Bonus‟ to expatriate civil servants alone (Otobo Dafe, 2008: 17).

Militant unionism started with the Railway workers union. The union by the time it was led by comrade Michael Imoudu fought many battles against the management of Railway corporations and the colonial state. It was the beginning of ideologically oriented trade unionism in Nigeria and a shift from the gradualist approach of earlier trade union.

Aborisade Femi (2001: 29) noted that Imoudu was not the only leader during his period in Trade Union movement, but that his name stands out today because a large majority of the other leading unionist player a conservative role at the crucial moment. By the time Imoudu was sacked, incarcerated and detained in 1945, he was already a house hold name across the country in and outside the labour movement.

1.2 STATEMENT OF THE PROBLEM

As was pointed out in the background of this study, Trade Unionism presents the unavoidable necessity of collective bargaining in all public sectors because, it lubricates the different structures of workers in the process of modernization. There is the problem of the inevitability of trade dispute at certain stages of development in Nigeria and the contribution of the practice in the process of modernization (Nwankwo B. C. 2000).

Derbyshire and Patterson (2001:149) view trade unionism as a “complex organization problem which emerge from the efforts and or as a result of the efforts of workers to seek an improvement of existing conditions through collective action”. These conditions may relate to wages, hours of work and other conditions of employment. The focus given to the phrase-the influence of Trade Unions in Nigeria, is in the growing support for democracy in the country as regards civil and political rights. There is a political debate among experts on comparative politics as to how democratic institutions-among which are (Trade Unions) contribute to political stability or, on the contrary to political disorder.

There is no known attempt yet to find out through comparative study, why governments in post independence Nigeria, tend to be so suspicious about communist ideological incursion in the country. Again, answers are needed as to the reason why Trade Unions are singled out to be most susceptible to communist influence within each state of Nigeria. Trade unionism was an important legacy of colonialism which was used by Nationalists to fight for, and maintain the independence of most West African countries including Nigeria. In these austere times, it is clear that Trade Unions do influence the development in Nigeria as regards economic growth.

From the foregoing, this study will examine and determine:

The contending labour issues and problems in Enugu State between 2000 – 2009.
The strategies and processes of collective bargaining in Enugu State.
The achievements made by „Trade Unions‟ from 2000 – 2009 in improving the welfare of workers in Enugu State.
The recommendations on a cordial relationship between employers and employees in Enugu State.

1.3 OBJECTIVES OF THE STUDY

The aim of this study is to investigate how and why, Trade Unions in Enugu State from 2000 – 2009 have struggled, suffered and sometimes succeeded, in resolving labour problems in the state. Thus the specific objectives of this research work are:

To identify the contending labour issues and problems in Enugu State between 2000 – 2009.
To determine the strategies and processes of collective bargaining in Enugu State.
To investigate the achievements made by Trade Unions in Enugu State between 2000 – 2009 in improving the welfare and conditions of service for workers.
To make recommendations on a cordial relationship between employers and employees in Enugu state.

1.4 SIGNIFICANCE OF THE STUDY

The future of any nation depends largely on the proper management and cordial relationship between employers of labour and the employed. Frequent labour problems and disputes is a gate way to economic retardation and underdevelopment of every nation.

Biodun Olamosu (2002) inferred that, communication gap between organizational workers and their employers make it almost impossible and or a little bit difficult for the work force to offer their best for the growth of an organization. Trade Unionism had been a panacea to all the existing problems between their employers and workers in every organization. Thus, Trade Union is a veritable instrument that act as a go-between for workers and the government. This among other things is in consonance to the effective representation which Trade Unions offer to the workers.

Against this background, it is therefore very necessary to point out that, this study is very important to economic growth because of the following:

The nation will benefit because, there must be economic growth whenever labour problem are agreed and solved. This will, on the other hand, help the political system to grow because of the level of attention given to worker‟s problems.
The society at large will also benefit from the fact that cordial relationship between workforce and government will come a long way in creating brighter future for incoming generation. This will help the government in combating truancy, absenteeism, lateness to duty and other forms of derelictions.
Workers will as benefit from this study because Trade Unionism and collective bargaining will expose them to the role they play in compelling the government to better their conditions of service. It is a sense of belonging and involvement, participation and determination of a workable solutions to societal problems.
The system will also benefit by finding out from the study, the bargaining strength and to what extent their relationship with the government had bettered the conditions of workers welfare in Enugu State. This will help in motivating them and enhancing their maximum potentiality in the system.
The study will help the government (employers) to understand the important roles and position of Trade Unions in a democratic setting.

All the above benefits and significance of this study will provide basis for making useful amendments for the improvement of Trade Unions in other areas of human problems where they have not explored. A positive improvement in the conditions of workers would assist in the physical, emotional social, economic and technological development of Enugu State. The achievement of this cannot be got on the „plata of gold‟, it requires hard work on the part of Trade Unions. This study is also of immense importance in the sense that, it will help in finding out the degree of Trade Unions‟ commitment to their workers‟ welfare as a reflection to high productivity in Enugu State.

1.5 SCOPE OF THE STUDY

The study was conducted in Enugu State of Nigeria. Enugu State has seventeen Local Government Areas. Each of these Local Government areas has a workforce comprising mainly State and Local Government workers. This study considered the conditions of workers welfare in these areas in the process of bettering their conditions. Desk workers and trade unionists were particularly used for the study. They were made up of males and females of different cadres in the workforce. Oral interviews and friendly discussions were used in ascertaining their conditions of service. Issues bordering on mode of entry into the service, regular or irregular payments, causalisation of service, retrenchment or compulsory retirement, arbitrary fixture of wages, retirement procedures and gratuity and pension benefits were issues contained in the discussion. Teachers of both secondary and primary schools of these Local Government Areas were also involved in the oral and discussion interviews.

1.6 LIMITATION OF THE STUDY

The study on Trade Unions and collective bargaining in Nigeria, a case study of Enugu State from 2000 – 2009 was limited to – the Nigerian Union of Teachers (NUT) in the state. There was the belief that, what obtains in NUT as a Trade Union in the state obtained in similar Trade Union in the state such as – Judiciary Staff Union of Nigeria (JUDSUN) or National Union of Local Government Employees (NULGE) etc.

1.7 RESEARCH QUESTIONS

The following research questions are relevant to this study.

How are worker‟s conditions of service determined in Enugu State?

Who negotiates on worker‟s behalf?

Who are the parties to collective bargaining?

What does the law say about collective bargaining in pubic service?

What is the importance of collective bargaining?

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