Examination of the laws and procedures for the regulation of trade disputes in Nigeria (Law

Examination
of the laws and procedures for the regulation of trade disputes in Nigeria
(Law)

 CHAPTER ONE

1.0 Introduction to study

Industrial harmony is very
important both at the public and private sectors because of the negative impact
of disputes in the labour sector. Trade dispute, when it occurs could be a very
serious issue especially when it is allowed to degenerate into an industrial
action. Few trade disputes get reported but the ones that are recorded help the
government to get a proper analysis for the evaluation and policy purposes.
Though quite a large number of disputes occurs without resort to strike,
however they are equally as disruptive as cessation of work.[1]

Since government is the largest
employer of labour, it has from time to time enacted different laws to curb the
incidents of trade disputes between employers and their workers in Nigeria.

[2]Trade
dispute has been defined by the Act as any disagreement between employers and
workers, workers and workers which is connected to the employment, non
employment or terms of employment or physical condition of work of any
person.  It must be noted that before any
dispute can be termed a trade dispute, there must be in existence proper
parties and the subject matter must be related to the employment, non
employment or terms of employment or physical condition of work of any person23[3].

This shows that the parties and
subject of a trade dispute must be clearly defined in order to fully understand
what kind of dispute constitutes a trade dispute. The first attempt made by the
government to regulate trade dispute was the Trade Disputes (Arbitration and Inquiry)
(Lagos) Ordinance, 1941 and Trade Dispute (Arbitration and Inquiry) (Federal Application)
Ordinance, 1957.  However, these attempts
turned out to be unsuccessful because of some defects in them which eventually
shortened their life span and new legislation were enacted, These are the Trade
Dispute (Emergency Provision) Decree of 1968 and the Trade Dispute (Emergency
Provision) (Amendment) (Decree No 2) of 1969.

These two Decrees were enacted to
correct the defects in the first two Ordinances they were effective in some
aspect but they were designated to last for a short time. The Decree had some
inherent defects which were to be regulated by the Trade Disputes Act, 1976
which till today remains the major machinery for the settlement of trade
disputes and its amendment the Trade Dispute (Amendment) Decree No. 47 of 1992.

The Trade Disputes Act, 1976 has
provided different procedures for settling trade disputes when they occur, the
Act provides for ways in which the parties may attempt the settlement
themselves and ways in which a 3rd party may be appointed to help in
the settlement processes.3 It also provides for ways in which the
parties may take the dispute to the court for proper adjudication.

[4]Examination
of the laws and procedures for the regulation of trade disputes is the focus of
this study and recommendation made where necessary for a better way of
resolving trade disputes.

1.1.0: Background to the study

In any ideal industrial relations,
great emphasis is placed on the attainment of industrial harmony in order to
create a conducive environment for the realization of individual and
organizational goals and objective.  However,
it would appear that conflict is a common phenomenon in any human setting and
when it exists, it creates human and industrial problems, which adversely
affect the attainment of industrial peace.

Since conflict in any work
situation is almost inevitable because as labour and management relates, there
are bound to be frictions which result from differences in interest and
aspirations as both the employer and employee most times have divergent
interest on issues touching on wages, conditions of work, terms of employment
etc and resolving these dispute receives compromise, concession and a game of
give and take between disputing parties.

1.3              Definition of terms

“Trade
Dispute” is any disagreement between employers and workers or worker
and workers which is connected to the employment, non employment or terms of
employment or physical condition of work of any person.4[5]

“Strike”
has been defined by the Act as the cessation of work  by a body of employed persons acting in
combination, or by concerted refusal under a common understanding of any number
of employed persons to continue to work for an employer in consequence of a
dispute, done as means of competing with their employers or any person or body
of persons employed, to aid other workers in compelling their employer or any
person or body of employed persons to accept or not  to accept terms of employment and physical
condition of work

          In Tramp shipping corporation v. Greewish
marine Inc. “The court of Appeal in united kingdom adopted the following
definition of strike: ‘a concerted stoppage of work by men done … With a view
to improve their wages or condition of employment or giving vent to a grievance
or making a protest about something or others supporting or sympathizing with
other workmen in such endeavour. This definition accords with the definition
under the Trade Dispute Act, 1976. Refusal to continue to work include a
refusal to work at usual speed and efficiency.

“Lockout” is
an action in which employees physically “takeover” the company premises either
by locking out the management staff, thus denying them access to exit from the
premises.

          It is also
defined by the Act as the closing of a place of work or, the suspension of
work, or the refusal by an employer to continue to employ any number of persons
employed by him, in consequence of a dispute with a view to compelling the
workers to accept terms of employment”.

“Collective
bargaining” has been defined as the process of arriving or attempting to
arrive at a collective agreement.

Collective Agreement is any agreement in writing relating to
the terms of employment and physical condition of work, between an employer
group of employers or one or more organization representing the employers on
one part and one or more organization representing the workers on the other
hand.

          In this work,
unless the context requires otherwise, the following expression have the
meaning assigned to them here under:-

“Party”
mean any parties to trade dispute or any of the parties to a
trade matter lying before a court or N.I.C.

“N.I.C”
means the National Industrial Court.

“I.A.P.”
Means Industrial Arbitration Panel,

“The Tribunal”
means the industrialarbitration
tribunal.

“Court”
means the conventional court listed in section 6(5) 1999 constitution.

“The
decree”       Means the Trade
Dispute (Amendment) Decree No. 47 of 1992.

“Laws”      Means the laws
regulating trade disputes in Nigeria as covered in this book.

“The
Act” Means the Trade Dispute Act, Cap 432, LFN 1990.

“Dispute”
means Trade Dispute

“Minister” mean
the minister for employment labout and productivity of the federation.

“Condition
of work” means the physical condition under which a workman, works
such as appertain to matters of safety and physical comfort at the place of
work.