COLLECTIVE BARGAINING AS AN INSTRUMENT OF SECURING INDUSTRIAL PEACE IN NIGERIA

COLLECTIVE BARGAINING AS AN INSTRUMENT OF SECURING INDUSTRIAL PEACE IN NIGERIA

(A CASE STUDY OF KOGI STATE POLYTECHNIC, LOKOJA)

ABSTRACT

This project seeks to provide information on collective bargaining as an instrument of securing industrial peace in Nigeria with particular reference to Kogi State. This study did not only provide information on what leads to industrial crisis but also provide information on the relevant solution that leads to our much needed peace in the country. Workers usually withdraw their services arbitrarily without exhausting all the laid down machineries for settlement of industrial dispute in the country. There are various means discussed in the project in which industrial dispute can be peacefully settled. No matter the gravity of the duration it takes. The industrial arbitration panel (IAP) is one of those place where we have men of high integrity and experience in the area of dispute settlement, we have such people in the national industrial court (INC) and are also found in the ministry of labour. These caliber of men have enough experiences to do justice to what ever crisis found in the Nigeria industries. It is common to say that Nigerians have suffered untold hardship because of strike action and other crisis situation which could have been amicably resolved, the various parties involved had employed the laid down machineries for dispute settlement.

CHAPTER ONE

1.0  INTRODUCTION

In an organization, both private and public, the terms and conditions of employment are usually spelt out by the law guiding employment in the state. Although, it varies from one organization to another. In some organization, employees are employed either as unskilled worker depending on the needs of the organization, therefore, the conditions of services of the two categories of workers will definitely not be the same.

Consequently, there will be need for both employers and employees to come together and agree on the terms and conditions of services of the two terms and conditions of services of the two categories. This brings about collective bargaining process and collective government and the state that regulate wages, salaries and other conditions of services collective bargaining historically was first developed in Britain but started in Nigeria in 1937 when the colonial government established provincial wage committee through out the country.

The introduction of these project provide information’s on the background of the study, the significance of the study, limitations of the study, the scope, definition of key terms, problems, objective and research hypothesis on collective bargaining process activities.

The function of collective bargaining is to make clear and specify the right and duties of employees and employers in achieving the common goal and objectives set forth in the start plan of the organization.

1.1  BACKGROUND OF THE STUDY

Collective bargaining has become one of the major instrument in securing industrial peace in Nigeria, before bargaining can commence agreement must be reached about what group of employees will be in a bargaining unit. Parties to collective bargaining are expected to come together to the negotiation table with open mind to listen to the suggestion and argument of the other parties.

To date Otobo (1995), in Isah Mohammed (2013) stated that collective bargaining is a phrase which stands for or represent the totality of relationship among and between all the actors in industry, has the relationship among and between all the actors in industry, has the relationship arises and how rule regulations and convention are developed to govern the conduct of all parties.

More often, we here of dead locks and breakthrough in collective bargaining regulation, whether in the public sector or in the private sector the issue of collective bargaining has generated a lot of industrial and intellectual head in Nigeria.

This is why scholars and industrialist have tried to capture the essence of harmonious industrial environment that is devoid of rancor and acrimony in the process of collective bargaining when employers employ people, it is necessary to establish the terms and conditions of their employment, the way this is done varies depending on the types of nature of work they are employed to do which could be neither skilled or unskilled and this may be achieved through unilateral decision of the employers or by the personal decision of employer or by the personal agreement between the individual worker and the employers, or by the state through some kinds of legislated agreement like setting up an arbitration panel or minimum wages law for the country.

The nature and significance of collective bargaining are determined primarily by the goals of the planting process rather than the outcome of bargaining between autonomous bodies in the environment of a market which continuously adjust the supply price of labour to be demand.

1.2  STATEMENT OF THE PROBLEM

In any organization be it privately owned or public owned organization, the effectiveness with which the corporate objectives and goals are achieved depends mainly on the nature of the relationship between the workers and the management.

The history of collective bargaining in Nigeria right from it inception in the country, industry is repute with numerous instance of strike, work of rule and lockout among other due to disagreement between the labour union and the management.

Kogi State Polytechnic Lokoja established in 1993 through the amendment act of 1994 by the first and second executive governor of Kogi State Prince Abubakar Audu has witnessed series of peace and harmonious co-existence between the management and the staffs.

Thus, this academic endeavour therefore is set out toe examine how industry can secure peace in Nigeria through the use of collective bargaining method with a particular reference to the Kogi State Polytechnic, Lokoja.

This study intends to find out cause of labour unrest in Nigeria industry as well as its effect in the realization of corporate organization objectives.

This is timely because industrial peace is achieved via collective bargaining, rapid and accelerated development will be accomplished.

1.3  OBJECTIVES OF THE STUDY

 The following are the objectives of the study:

1.     Determine if there is relationship between collective bargaining and industrial peace in Nigeria.

2.     To examine and prevent disruptions in industrial peace and collective bargaining in Nigeria

3.     To discuss fair wages and conditions of service in industrial peace and collective bargaining in Nigeria

4.     To find the need for peace, stability and progress in industrial peace and collective bargaining in Nigeria.

1.4  RESEARCH HYPOTHESIS

Research hypothesis is the tentative statement about the relationship between one or more variable. It is an intelligent or educated guess work concerning some variables.

Hypothesis is a specific testable prediction about what is expected to happen. It comprise of null-non directional (Ho) and alternative directional hypothesis (Hi).

 HYPOTHESIS ONE

Ho:  There is no relationship between collective bargaining and industrial peace in Nigeria.

Hi:   There is relationship between industrial peace and collective bargaining in Nigeria industries.

      HYPOTHESIS TWO

Ho:  There is no prevent disruptions in industrial peace and collective bargaining in Nigeria industries

Hi:   There is prevents disruptions in industrial peace and collective bargaining in Nigeria industries.

HYPOTHESIS THREE

Ho:  There is no fair wage and condition of service in industrial peace and collective bargaining in Nigeria industries

Hi:   There is fair wage and condition of service in industrial peace and collective bargaining in Nigeria industries.

HYPOTHESIS FOUR

Ho:  There is no need for peace, stability and progress in industrial peace and collective bargaining in Nigeria.

Hi:   There is need for stability and progress in industrial peace and collective bargaining in Nigeria industries.

1.5  SIGNIFICANCE OF THE STUDY

The importance of collective bargaining as an instrument of securing industrial peace in Nigeria can not be over emphasized, this is because in every country, there is an organized labour union who fight hard for each power it has to gained, at every point there have been attempt to exclude unions from public sector, yet union have greats powers that affects all aspects of government administration and not just personal administration.

Involvement in wage determination has constituted one area for conflict, the argument has been that wages in the public sector should be non negotiable in that they have direct bearing on the total expenditure and ultimately tax rate.

The tension between managers and their subordinates have always existed and union have been able to capitalized on these problems. Labour union have provided a strong voice for employees for their perspective of line managers few discretionary powers may seem to remain at the same time collective bargaining may be helpful to managers in the agreement spelt out what right and obligations are assigned to each side.

Collective bargaining is seen in it full nature of securing peace in the organization where there is industrial conflict.

Collective bargaining teaches general public about the important of academic freedom in this process, collective bargaining enables people working in an organization both private and public to know their right, duties, obligations and it responsibility and also enables them to know the conditions of their work place and their terms of agreement.

1.6  SCOPE OF THE STUDY

The scope of this research seeks to look at how collective bargaining can be used to secure industrial peace in Nigeria with particular emphasis on Kogi State Polytechnic, Lokoja.

1.7  LIMITATIONS AND CONSTRAINTS

The writing of this project was faced with certain challenges which have made the research work a failure. Any study is not possible without some limitations, some of the limitations are;

One of the major limitations is limited time available in writing this study, though as extensive as possible would have been much broader and there have been more time even though that they did not stop the most relevant areas to be examined.

Another limitation is financial constraints availability of data, complete data delay in collective data from the library when it is under construction, time has also draw completion backward.

1.8  DEFINITION OF KEY TERMS

The following listed below and defined words are technical word that shall be used in the course of this project work.

TRADE UNION: The trade union decree of 1973 defined trade union as any combination of workers or employees whether temporary or permanent with the purpose of which is to regulate the terms and conditions of employment of its members whether the combination in question would or would not apart from this decree be an unlawful combination by reason of every of its prupose be unrestraint of trade and whether its purpose did not include the provision of benefits of its members.

JOINT CONSULTATION: It is the formation of workers participation, where worker and employers come together to discuss issues such as health, welfare, safety efficiency and other matters lying outside general condition of services and rate to pay.

STRIKE: This is where organization withdraw from labour work as a result of disagreement between labour and management. This is one of the powerful weapons used by labour against management.

NEGOTIATION: This is the process of reaching agreement between labour and management by the use of argument, persuasion, compromise to resolved difference in mutually acceptable solution.

MEDIATION: In the event of a failure to reach an agreement with the use of existing voluntary machineries of it non exist in the endeavour to meet together under the presidency of mediator under agreed upon or appointed by them within 7 days of the occurrences of the dispute with a view to finding amicable settlement, it must be noted that the mediator should be versatile in Nigeria labour etc.

INDUSTRIAL COURT: The national industrial court is the highest authority in dispute settlement machinery. It examines. It examines and interprets the decision of the lower machineries and interprets collective agreement.

CONCILIATION: The minister in exercising of his power may appoint a fit person as a conciliator to enquiries into the course and circumstance of the parties and by negotiating with the parties involved endeavour to bring about a settlement, if a settlement is not reached within 14 days. The conciliator should report the fact with a memorandum to the minister.

ARBITRATION: Within 14 days of the receipt by the minister of the conciliator’s report of his ability to settle the dispute, the minister will referred the dispute to the industrial contribution panel (IAP) for arbitration.

LOCK OUT: This is the closing down of a factory temporarily or the refusal of the employers to continue to employ any number of a person employed by him in consequences of a dispute done with a view to compelling the person or to aid another employer compelling person employed by him to accept terms of employment and physical conditions of work.

OVERTIME BEN: This is a situation where by worker refused to work overtime. This has the tendency to reduce the output and the profit of the organization. It has the tendency to increase the overhead cost of production. However, it is important to note that employee to have something to loose, they lose their overtime pay.

CHAPTER TWO

REVIEW OF RELATED LITERATURE

2.1  DEFINITION OF COLLECTIVE BARGAINING

Collective bargaining is the core industrial relation that has various definitions;

According to Isah (2013), defined as negotiations between an employer, a group of employers and workers representatives over working conditions and terms of employment with a view to reaching an agreement.

International Labour Organization (ILO) (2013), sees collective bargaining as the negotiation about working conditions and the terms of employment between an employer and a group of employees or one or more employees in organization with a view to reaching an agreement where in the terms serve as a code of defining the right and obligation of each party in their employment relation with one another.