Collective Bargaining and Industrial Peace
Chapter One
PURPOSE OF THE STUDY
The researcher intends to find out how effectively collectives bargaining have been working in various organizations in the country with particular reference to the Nigeria Railway Corporation, Eastern Division – Enugu as a case study. It is the object of this researcher to substantiate whether the procedure for negotiations and settling trade Debate in Nigeria consequently followed and deviations, recommendations will be made.
This research is also conducted in partial fulfillment of the award of National Diploma (ND) in public Administration of the institute of management and technology, IMT, Enugu.
CHAPTER TWO
REVIEW OF RELATED LITERATURE
Introduction
Collective bargaining as one of the processes of industrial relations performs a variety of functions in work relations. It could be viewed as a means of industrial jurisprudence as well as a form of industrial democracy. It is a means for resolving workplace conflict between labour and management as well as the determination of terms and conditions of employment. Collective bargaining has gained root in the Nigerian upstream oil and gas industry and has been deployed in the regulation of employment relationship in this strategic sector of the economy. The Nigerian economy depends largely on oil and export earnings from oil production account for over 90% of export earnings (ICFTU, 2005).There is therefore, the need to ensure peaceful and harmonious industrial relations climate for the benefit of relevant stakeholders comprised of the employers, workers represented by their unions, the government, host communities, the customers, the society and the international community at large through effective collective bargaining. The oil and gas sector has experienced incessant industrial crises over the years arising from interests and rights disputes as well as the crises in the littoral states, that is; the Niger Delta area instigated by the agitations of host communities where oil and gas are produced and exploited. The upstream oil and gas industry is characterized by expatriate quota abuse, delay and non-implementation of collective agreements, bad faith bargaining and all shades of unfair labour practices like casualisation, outsourcing, contract staffing and various forms of labour flexibility (Ogbeifun, 2008). These key employment issues are the brainchild of globalisation and have always attracted the attention and condemnation of the unions in the sector. Some of these issues have fuelled dramatic and recurrent industrial action in the upstream oil and gas industry in Nigeria. It has been observed that owing to the strategic importance of this sector to national economic development, the two trade unions in this sector namely National Union of Petroleum and Natural Gas Workers (NUPENG) and Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) which are the bargaining agents for workers in this industry have gained considerable bargaining power and they have repeatedly exploited this to their advantage in the cause of championing the demands of their members. This is evident in the quantum of pecuniary and non-pecuniary benefits that the unions in this sector have secured for their members in the past and in recent times. Contemporary work organizations, whether in the public or private sector of any nation’s economy are predominantly made up of plurality of interest groups with diverse goals and aspirations. These different goals and interests are in perpetual conflict with each other (Ekwoba, Ideh and Ojikutu, 2015). As such, the possibility of elimination of conflict in work – relations seems remote but the spectre can be recognized and managed for the overriding benefits of all stakeholders in organizations. For this reason, collective bargaining has emerged overtime as an accommodative device for regulating and dealing with relational problems between labour and management in the work – situation. The mechanism has served as an effective conflict deterrent, resulting in avoidance of bitter industrial actions and ensuring the promotion of lasting industrial peace and harmony in work-establishments. According to Bendix (2011), collective bargaining is a rational process in which appeals to fact and logic reconcile conflicting interests in the light of common interest of both parties. Within this context, the approach is seen as an essential tool of institutionalizing and containing conflicts in the workplace. In dynamic establishments, where collective bargaining is done effectively and in good faith, the outcome is often an amicable resolution of joint problems resulting into collective agreement by labour and management. This implies that effective collective bargaining establishes the set rules between parties during the life – time of a collective agreement and also gives the method of settling grievances that will occur from to time to time (Appah and Emeh, 2012). Within the employment relationship, conflict of interest is an inherent element of labour management relations. From this perspective, Obi (2013) defined workplace conflict as an act of discontentment and contention which either the workers or employers of labour utilizes to put excessive pressure against each other so as to get their demands. This view is consistent with Muhammad (2014) and Kazimoto (2013) description of workplace conflict as existence of clash of interests or objectives in worker management relations. On this premise, most industrial conflicts have economic and goal incompatibility in the absence of common values in work establishments. Collective bargaining constitutes an important means by which workers seek to satisfy their economic and social interests. Successful collective bargaining is crucial to the attainment of industrial peace in Nigeria. Nigerian labour law provides for automatic recognition of trade unions for collective bargaining purposes. This means that the employer must recognise registered trade unions in his establishment and bargain with such unions in their bid to safeguard their economic interests in employment. The duty to recognise a trade union is coterminous with the duty to negotiate with it and conclude agreements.
CHAPTER THREE
RESEARCH METHODOLOGY
INTRODUCTION
This chapter deals with the method used in collecting data required in carrying out this research work it explains the procedures that were followed and the instrument used in collecting data.
SOURCES OF DATA COLLECTION
Data were collected from two main sources namely:
- Primary source and
- Secondary source
Primary source:
These are materials of statistical investigation which were collected by the research for a particular purpose. They can be obtained through a survey, observation questionnaire or as experiment, the researcher has adopted the questionnaire method for this study.
Secondary source:
These are data from textbook Journal handset etc. they arise as byproducts of the same other purposes. Example administration, various other unpublished works and write ups were also used.
POPULATION OF THE STUDY
Population of a study is a group of persons or aggregate items, things the researcher is interested in getting information for the study collective bargaining and industrial peace. The researchers randomly select 200 members of academic staff union of universities (ASUU) Lagos State Chapter as the population of the study.
SAMPLE AND SAMPLING PROCEDURE
Sample is the set people or items which constitute part of a given population sampling. Due to large size of the target population, the researcher used the Taro Yamani formula to arrive at the sample population of the study.
CHAPTER FOUR
PRESENTATION ANALYSIS INTERPRETATION OF DATA
DATA ANALYSIS
The data collected from the respondents were analyzed in tabular form with simple percentage for easy understanding.
A total of 133 (one hundred and thirty three) questionnaires were distributed and 133 questionnaires were returned.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
Introduction
It is important to ascertain that the objective of this study was to ascertain the impact of collective bargaining and industrial peace
In the preceding chapter, the relevant data collected for this study were presented, critically analyzed and appropriate interpretation given. In this chapter, certain recommendations made which in the opinion of the researcher will be of benefits in addressing the impact of collective bargaining and industrial peace
Summary
This study has examined the role and functions of collective bargaining and industrial peace in Nigeria. Workers all over the world desire recognition, better salaries and wages and great improvements in the terms and conditions of work. Workers have formed associations for the purpose of realizing this main objective. By forming associations and banding together workers have a more effective basis to realize improvements in working conditions. Both Nigerian Labour law and International law recognize the right of workers to bargain collectively for the protection of the legitimate interests of workers. Indeed, that the ILO has declared its support for collective bargaining as a means through which the protection of the economic and social interests of workers can be achieved. The main duty of trade unions is to represent the interest of their members in negotiations with the employer in order to achieve the desired improvements in working conditions. But this aim is sometimes frustrated by the employer. As we have seen, the natural reaction is to resort to industrial action to force the employer to accede to their demands. It is the failure of collective bargaining that justifies workers resort to industrial action.
Conclusion
The study has confirmed that the general perceived feelings of acceptance of collective bargaining as an important mechanism for managing conflicts related to terms of employment and working conditions in the Nigerian public sector organizations. It posits the overriding essence of collective bargaining as eschewing costly industrial conflicts and ensuring that compromises and agreements work for harmony to prevail in the working relationship between labour and management. The review of literature established collective bargaining as a rational process through which employers and employees attempt to reach cordial settlement that resolves a difference of preference. Thus, the device serves as a humanizing agent by restricting managerial prerogatives and unilateral actions exercised by management over their workers in labour related matters. Based on the findings of the study, it was revealed that collective bargaining has been relatively impotent in terms of performance suggesting practically its non – effectual status as a pathway to conflict management in Nigerian public sector organizations. So far, the cardinal adduced reasons from the data gathered in this study, amongst others, were the management reluctance to bargain in good faith and guileful posture of government to collective bargaining practice.
Recommendation
Management in Nigeria public organizations must as a matter of necessity imbibes the democratic culture upon which the ideals of collective bargaining rest. Both management and labour as social partners should also increase their capacities for effective collective bargaining practice by showing willingness and expanding cooperation to bargain in good faith in order to find common ground and resolve conflicts amicably. All the three tiers of government in Nigeria (local, state and federal) as employers of labour should abide with the provision of ILO standard and convention which they subscribed to by rectifying their asymmetrical patterns of collective bargaining approach in the public sector organizations in the country. Effective collective bargaining bears reasonable level of stable relationship between labour and management and further ensures better corporate performance. Thus, government should stop paying lip service to the use of collective bargaining and the mechanism should be given better prominence in the determination of employment conditions in the Nigerian public sector organizations.
Reference
- Adewole, O. and Adebola, O. (2010)., Collective bargaining as a Strategy for Industrial Conflict Management in Nigeria Journal for Research in National Development, 8(1) pp. 326 – 339
- Adibe, J. (2009) ASUU and the Politics of the Stomach. Nigerian Tribune, June, 27, pp. 36.
- Ajayi, J. (2014) ASUU Strikes and Academic Performance of Students in Ekiti State University, Ado-Ekiti, Nigeria International Journal of Management, Business and Research, Vol. 4, No. 1, pp. 19-34.
- Akhaukwa, P., Maru, L. and Byaruhanga, J. (2013) Effect of Collective Bargaining process on Industrial Relations Environment in Public Universities in Kenya, Mediterraean Journal of Social Sciences Vol 4 No 2 PP 275 – 286.
- Anyim. F., Elegbede, F. and Gbajumo Sheriff M. (2011) Collective Bargaining Dynamics in the Nigerian Public and Private Sectors. Australian Journal of Business and Management Research, Vol 1 (5) pp. 63 – 70.
