UNDER CHAPTER ONE
INTRODUCTION
Man in search of livelihood and means
of survival, seek to be employed or gain employment into an organization where
he can earn income to better his living conditions.
Hence, employment then, become a
contractual relationship in which employers want to optimize their profits.
While the employees want higher pay packages as well as good and fair
conditions of service. The relationship is called labour management
relationship.
Note: The relationship
between labour and management is a give and take issue.
According to Ali (2002)
labour-management relationship is always played by conflict and punctuated by
strikes and threat of strikes.
Usually, the antagonistic relationship
between labour and management, result to burning down of factories, destruction
of costly equipment and machines, mass retrenchment, imprisonment of workers.
The fact is that there is no balance
of interest in the relationship that exist between labour and management.
However, their interests can be harmonized to reduce conflict and unnecessary
waste of resources in the workplace which is the major trust of our subject
matter “Industrial Relation”.
MEANING AND DEFINITION OF INDUSTRIAL
RELATIONS
According to Armstrong (1977),
industrial relations are concerned with formal and informal relationship
existing between employers and trade unions and their members.
Definition:
Industrial Relations is the entire processes involved in formulating,
interpreting and administering of rules, and regulations guiding workplace,
with the purpose of achieving control over the concerned parties in the
community.
(THE SCOPE OF INDUSTRIAL RELATIONS)
As stated by Yeasty (1982) scope of
Industrial Relations includes: Employment, security, condition of work,
remuneration – levels of the wages and the manners of determination and payment
level of production, labour efficiency as productivity, safety health and
welfare at work, social security including old age and specialists and
practitioners as to which areas of social relations.
In other words, the scope of
industrial relations is all embracing talking about power relationship, power
sharing and other issues which erupt from employment conditions. Ugwu, (2002)
(THE CONTENT OF INDUSTRIAL RELATIONS)
According to Armstrong (1977), the
content of Industrial Relations comprises: the Philosophies and pouches of the
major player in the Industrial Relations scene, the government of the day, the
trade union and management.
v A
number of parties, each with different roles. These consist of the state,
management, the trade union industrial managers and supervisors, personnel
managers, shop steward and employees
v The
bargaining structure, recognition and procedural agreements and practices which
have evolved to enable the formal system to operate.
v Policies
and practices for employee involvement and communications.
THE ELEMENT SUBSTANCE OF INDUSTRIAL
RELATIONS
The Oxford Advanced Learner’s Dictionary
the 7th Edition, defined Element as the necessary or typical part of
something. While substance is the most important or main part of something.
Therefore, the element/substance of
industrial relation is being refer to the most and typical parts or areas of
industrial relations.
Note: The basis of
industrial relations is the contract of employment.
(According
to ugwu, J.N. 2006)
The substance/elements includes:
(a)
Water/employer industrial demand and
objective
(b)
The operative functions of the personnel
department.
(c)
Industrial Democracy.
(d)
Industrial disputes and settlement
(e)
Collective bargaining and joint consultation.
A.
Worker
– Employee Industrial Demand and Objectives: In the contract of
employment, the demands and objectives of employee varies with that of
employer. While the employee expects better and favourable working conditions
of services. The employer on the other hand expects improved and increased
return in form of higher profit. These objectives is the major reason for
contracting the employment.
B.
The
Operative Function of the Personnel Department: According
to Obikoy (1996), human resources are vital to the generation of all goods and
services. Personnel management is concerned with the recruitment, selection
utilization and development of human resources by and within the organization.
C.
Industrial
Democracy: Is a sino quo non for improved production and mutual
relationship and understanding of the job and workplace environment. A good
system of industrial relations must promote industrial democracy and encourage
employee participation. It would create opportunity for joint planning rather
than bargaining and joint effort towards common goal rather than defensive
efforts for competitive group advantage.
v The
underlining four propositions for joint or worker participation in decision
making at the enterprise level, as stated by Chiplin (1977) are:
(1) It
is a matter of social justice that those who invest their labour and their fate
to a place of work must have share in enforcing the various aspects of its
economic policy.
(2) Joint
or participative decision promotes good industrial relations.
(3) Involvement
of the worker in decision making will improve his commitment and so raise his
productivity.
(4) That
the extension of industrial democracy is expedient in a democratic state.
D.
Industrial
Disputes and Settlement: The subject of trade dispute is
concerned with the terms of employment, the condition of work and the
employment and non-employment of any person. The subject of trade dispute is
concerned with the terms of employment, the conditions of work and the
employment and non-employment of any person.
Note: Trade dispute is
inevitable in the employment relationship.
E.
Collective
Bargaining: International Labour Organization (IOL
1960), defines collective bargaining as a negotiation of working conditions and
terms by the management on one hand and workers representatives on the other
hand with a view of reaching agreement.
Note: A good system of industrial relations
should promote industrial democracy and give the employee fair stand in
negotiation. The terms of employment and conditions of service with management.
(ACTORS IN INDUSTRIAL RELATIONS)
There are three major actors or
participants in industrial relations. These are:
1. The
employers and their associations.
2. The
employees and their union.
3. The
government and its agents.
1.
The
Employers and their Associations: This relation concerns the
central issue of the survival of the organization in order to achieve the
purpose for which it was established. Management official are committed to
industrial peace.
2.
The
Employees and their Unions: They demand from the employers and
their association, protection of the interest of their members in the form of
securing equitable wages/salaries, job security, safety and health measures
etc.
3.
Government
and its Agencies: They make laws and regulations and putting
in place the appropriate regulatory mechanism for their interaction and
maintenance of industrial peace. They are also seen as middle man, standing in
gap, and striking a balance between two parties by making law and regulation to
guide actions and activities in order to achieve industrial peace and harmony.
(objectives of Industrial Relation)
Is to ensure industrial peace and
harmony, via a mutual and peaceful resolution of the inevitable conflict
arising in the workplace between employee-labour and employer – management
through the instrument of collective bargaining process such as:-
(1)
To ensure that industrial peace reigns in
order to assist both parties to achieve their objectives.
(2)
To promote the practice of democratic
principles which make workers to participate in the formulation of rules which
govern the relationship between the two parties.
(3)
To prevent and settle trade dispute between
employers and trade unions
(4)
To advise the firm or the government on
industrial relations problems
(5)
To make work enjoyable and also produce gains
for the entire economy.
THE PRINCIPLES OF INDUSTRIAL RELATIONS
(i)
Mutual trust and respect for one another
(ii)
Honesty in dealings with each other
(iii)
Effective communication
(iv)
Consistency in contract interpretation
(v)
Time resolution of grievance
(vi)
Both parties must co-operate.
(i)
Mutual
Trust and Respect for one Another: For relationship to exist
between labour and management, there must be confidence and treat each other
with dignity.
(ii)
Honesty
in Dealings with each Other: A party must not take
advantage of the other’s ignorance to exploit, to its own advantage
(iii)
Effective
Communication: Labour and management must communicate with
an open mind and without fear of reprisal.
(iv)
Consistency
in Contract Interpretation: The terms and condition of employment
must be applied uniformly in every section of the organization without fear or
favour.
(v)
Time
Resolution of Grievances: Disputes should be settled and deposed
off as soon as it comes. It shall not be allowed for long period of time as it
can degenerate.
(vi)
Both
Parties Must Co-operate: For them to achieve their objective
both must co-operate and live according to the spirit of the contract in their
day to day dealings.
MODELS OF LABOUR – MANAGEMENT RELATIONS
This relations varies from country to
country.
Note: Three model of
labour relations are:
1. British
Model
2. Japanese
Model
3. Nigerian
Experience
1.
The
British Model: The British labour management relations
model epitomizes what is generally refers to as the Anglogaxon model. It
revolved during the period when the philosophy of laissez-Faire was the basis
of all economic affairs in Britain.
2.
Japanese
Model: Japan has enjoyed a remarkable economic growth in the
last decade. The fact has led to an increasing attention and interest being
given to the nature of Japanese society. However not to suggest that the system
is devoid of conflict between labour and management.
Difference Between Industrial Relations
Labour, Management Relations and Personnel Management.
Labour management relations according
to Akpolu (1984) is an aspect of industrial Relations where the interactions of
labour and management for employment regulations of making job rules, setting
job values and for determining condition of employment generally.
ü While
industrial relations are the inter woven activities of trade unions, employers
and state. The actors in industrial relations are the trade unions, employers
and state.
ü Personnel
Management on the other hand is the organizations most vital function, which is
concerned with the development of people within an organization and adopted
with the changing circumstances or condition.
CHAPTER TWO
HISTORICAL DEVELOPMENT OF INDUSTRIAL
RELATIONS IN NIGERIA
Akpala (1982) defined industrial
relations as any employment situations by the employer management or other
organizations the working organization and a third party, private and
government acting as an umpire or a controller, the purpose of which is just
decision making for establishing job rules and job values for co-operation of
man power resources for the trade union and of course the state. Industrial
relations is the regulation of employment relations by workers or labour union,
the employers or management or their representatives against and the government
or its agencies upon the purpose of which is the establishment of job rules
which specifies the rights, duties and responsibility of each other, mechanism
for resolving conflicting interest and rules to govern the work place (trade
union).
Industrial relations, trade union
involvement and development before the 1800s in Nigeria. Then system of
production was purely traditional and payment for labour service were in kind
as the issue of monetary payment was not popular because there was no
employment of labour to fight for the interest of workers except for that food
and shelter were provided for the dependents by the head of the family unit for
satisfaction of the basic needs of the family units for satisfaction of the
basic needs of his nuclear and extended family units, so, labour management to
talk of industrial relation system.
THE GROWTH OF TRADE UNION
In 1938, the trade union ordinary was
passed but become effective in 1939. The ordinance gave the trade union
ordinance resulted in increase in trade union organization and activities. This
trade union ordinance of 1938 gave working definition of trade union which was
any combination whether temporary and permanent, the principal purpose of the
relations between workers and master. The ordinance further defined workman as
all persons employed in a trade or industry whether or not in employment of the
employer with whom a trade dispute arises.
As at 1940, there were about 19
registered union with a total membership of 1944 all union with a total of
152,230 members 1959 numbers rose to 280 union and membership of 250,000. This
increase continued between 1975 and 1995 it increased to 920 union with just
below a million members.
The Trade Union Congress (TUC)
Trade union leaders saw the need for a
control trade union movement with the area of welding together all the trade
union in the country and to speak on labour.
Matters with one voice. This led to
the formation of trade union congress. The main aims and objective of these
are.
1. To
unite all trade unions into one organized body
2. To
deal with the general labour problems affecting workers in the whole country
3. To
protect the legal status rights of trade unions
CHAPTER THREE
Theoretical approach to the study of
industrial relations contain theories have being established for better
conceptualization of the subject matter of industrial relations. Theoretical
perspectives are categorized into similar types and a appreciation of concerns
of the representative of each category is presented. A theory is a coherent
group of assumptions put forth to explain the relationship between two or more
observable facts which can be used to provide sound basis for predicting future
events (Stoner and Freedman 1992) in the words of Roontz et al (1980) theory is
a systematic grouping of interrelated ideas whose task is a systematic grouping
of interrelated ideas whose task is to the together and give a frame work to
significant knowledge.
The Role of Theory of Industrial
Relations
Social and management scientist agree
as regards the tasks of theory in the development if a science industrial
relations scholars are not left out in this tradition. Theory plays the
following roles in industrials relations. They are:
1. Theories
are need and to understanding events and problems in the practical world of
labour. Dunlop (1958) stressed that theories is needed for the purpose of
explaining observations.
2. Theory
aids predication in industrials relations. The effectiveness and efficiently of
industrial relations system, depends on the level of predictably system and its
factors. According to Walker (1976) clearly. The industrial relations theory
enables such to forecasting the more useful it would be to the practitioners
helping them get ready for what may be in store.
Approaches to Industrial Relations
Theory:
The five major approaches to
industrial relations theory
1. The
unitarisitric/human relations approach
2. Industrial
democracy approach
3. The
Marxist
4. Class
conflict approach
5. The
pluralism approach
Types of Regulations
For regulations according to Armstrong
is a framework of minimum right and rules internal regulation which is
concerned with procedures for dealing with grievances redundancies, or
disciplinary problems and rules concerning the operation of the pay system and
the right to shop stewards. The external regulation is carried out by means of
employment legislations the rules of trade unions and employers associations,
and regulative content of national or local agreements.
Two Types of Rules
The
rules according to Dunlop can be of two types:
1.
Procedural
Rules: This deals with such matters as the method to be used
and rules to be followed in the settlement of disputes to regulate the behavior
of the parties to the agreement the parties to collective bargaining
2.
Substantive
Rules: These are rules which refer to working hours or to other
job terms and conditions in the area of employment covered by the agreement.
Substantive rule settle the rights and obligation attached.
Models of Labour – Management Relations
Labour-management relations model
varies from country to country. The adoption of a particular model is a
function of a number of variables such as the level of literacy.
The British Model
The British labour management
relations model epitomizes what is generally referred to as the Anglo-Saxon
model. It evolved during the period when the philosophy of laissez-faire was
the basis of all economic affairs in Britain-Germany speaking the British
labour-management relations as governed by the principle of voluntarism.
Japanese Model
Japan has enjoyed a remarkable
economic growth in the last decide. This factor has led to an increasing
attention and interest being given to the nature of Japanese society.
The Nigerian Experience
The Nigerian experience relations was
influenced and modified by the British labour management relations system. This
is due to the colonial link between Nigerian and Britain until the early period
of independence, Nigeria continues with the heritage of voluntarism which was
passed to it by Britain.
CHAPTER FOUR
ECOLOGY OF INDUSTRILA RELATION AND
MANAGERIAL CONTROLS
According to Riggs (1980) the term
ecology is used widely to describe the relation between environment and its
system. The term originated from biology’s and was first used to refer to the
interactions between livings none human species and their environment.
Sociologist used the social ecology in their work in human habitations,
especially in cities, and demographers also speak of human ecology when examine
interactions between people populations and environment.
Hence forth, the ecology of industrial
relations is the manifestation of the environmental forces that check the
practice of industrial elations in any given milieu.
The ecological approach involves a
systematic effort to relate industrial relations to it’s environment.
Organization does not operate on a vacuum. It is deeply embedded in the social
and cultural environment. This is why we divide this chapter to looking at the
relationship between industrial relations and the environment generally. They
are:
a. Economic
environment
b. Political
environment
c. Social
environment
d. Cultural
environment
e. Technological
environment
f. Physical
environment
Economic Environment of Industrial
Relations:
The economic policies of the
government condition of influence industrial relations, example, the downsizing
or right-sizing the labour force. According to Eze, the downsizing or right
sizing does not only create panic and anxiety among the public servant, but
also demoralizes them. This has influenced the industrial relations in the
public as well as in the private sectors. Harsh economic conditions have
pervasive effect on organizations and seriously affect the levels of economic
activities and their productivity.
Political Environment of Industrial
Relations
The political environment, according
to Koontz, (1993) consists of the attitudes and actions of political and
government leaders and legislators, which affect all kinds of organization at
various degrees.
The policies of government affect
virtually every organization and every aspect of life.
Government promotes business by
stimulating economic expansion and development, by providing assistance through
the small business administration, subsizing selected industries giving tax
advantages in certain situations, supporting even protecting some business
through special tariffs.
Social Environment of Industrial
Relations
The social environment also conditions
the practice of industrial relations. The Koontz, et al (1983), it is made up
of the attitudes, intelligence and educations beliefs and customs of people in
a given group or society.
In the words of Okoi and Onah (2007).
A salient feature of Nigerian, social environment is this heterogeneity about
400 language groups, varying cultures, multiplicity of ethnic and religious
groups and uneven educational development. These features condition the
management and administration practices in organizations.
Cultural Environment of Industrial
Relations
Culture according Nigro and Nigro is
that complex whole, which includes knowledge, beliefs, arts, moral, laws,
customs and any other capabilities and have acquired by man as a member of
society.
Therefore duty to the primordial of
Nigerian society occasional by the attachment of our emotions to our culture we
have tendencies whereby people fund it extremely difficult to obey the rules
made by the government, but will prefer to abide by their own cultures.
Legal Environment of Industrial
Relations
According to Koontz et al (1993), the
term “technology” refers to the sum total of knowledge about everything
technology influence our way of doing things, how we design, produce,
distribute and sell goods, as well as services. It equally influences
managerial policies, practice as well as organizational structure (Ezwani 2006)
in the words of Koontz et al (1983) certain structures appear to be more
successful with certain kinds of technology.
Organizational Structure and Technology
The type of decision-making within the
organization also affects employers adoption of business strategies. It is
viewed that too management will attempt to centralize planning and decision
making in order to achieve maximum control into central hands can meet various
obstacles. Central decision making could be difficult if there is need for
constant and varying adjustments to behavior.
These theories although focus on the
constraints imposed on the employer over his control on task performance they
say little about managerial strategies in industrial relations economist have
provided some explanations in their study of labour markets.
Economic Conditions
The strategic choice of managerial
industrial relations can be explained in pat by economic conditions, especially
the nature of product, and labour markets in a typically competitive product
market, the emphasis would be shifted from maintain labour peace (in order to
maximize production) to controlling labour costs, streamlining work rules and
increasing productivity in order to meet growing price competition.
Political Conditions
The effects of political economy o n
styles of management by managers are perhaps best illustrated by examine the
attitudes and power of governments where the national government is closing
associated with the interest of large employers, such employers will win
considerable support for their choice of strategy. This is exemplified in
colonial and post colonial Nigeria where business and political classes and
their interests have become indistinguishable.
Social Conditions
Distinctive class differences perhaps
serve as the background for the early development of particular managerial
strategies (Bendix, 1956) but the extent that those currently persist depends
almost entirely another reinforcement through a series of institutional
processes it is being though that the effects of class, status and power on the
larger society on managerial strategies and styles are probably weak in recent
times, compared with the role of the state.
CHAPTER FIVE
Trade Unionism in Nigeria
The reaction of workers to employer’s
strategies is party in unionizing, and other forms of industrial protest. This
is clear when you consider the fact that employees and association is
strategically meant to integrate the employer’s of labour and unite them.
Definition of Trade Union
Sideny and Beatrice Webb defined a
trade union as a continuous association of wage earners for the purpose of
maintaining or improving the conditions of their working lives.
Origin and Development of Trade Origin
Trade unions existed before the
colonial times. In traditional African communities, social institutions like
guilds and craft societies existed before the colonial times.
Types of Trade Unions
The four most important types of trade
unions include
i.
Craft union
ii.
Industrial union
iii.
General union
iv.
House union
Way employees form unions
The following reasons encourage
employees to organize or join unions.
1. Employers
unfair and arbitrary treatment of employees
2. Discontent
with earnings because of inequality of pay or wages
3. Lack
of recognition by management of the importance or value of the employees job
accomplishments
Trade Union Registration
The section 2 of the trade union
decree 1923 states that a trade union shall not perform any in furtherance of the
purposes for which it has been formed unless it has been registered. By this no
trade union can carry on as a trade union unless it is registered
Benefits of Registering Trade Unions
Amugwom (2002) identified benefits of
registering trade union as
1. A union
can start to conduct legal business after registration
2. Agreement
entered into the union for the furtherance, of its lawful purpose are not
subject to legal proceedings, and therefore no action can do drought in respect
of them
Industrial Structure
The establishment of many braches
among companies influenced the growth of unionism
Leadership Problem
The major problem facing the success
of nay trade union is the struggle for leadership and control
Politicization of Union Issues
The introduction of politics in the
union matters provided for division and unnecessary fractionalization.
Lack of Accountability
For any union leader to have the
confidence and support of his members the leader must be financing accountable
to the advantage of building ensuring prudency or nationally in the use of
union fund.
CHAPTER SIX
The Nigerian Labour Congress
The Nigerian Labour Congress (NLC) was
formerly constituted as the only national federation of trade union in the
country in 1978, before then, four labour centres existed. There are Nigeria
workers council (NWC). The emergence of the NLC ended decades of rivalry and
rancor involving the four centres and unions affiliated to them. These unions,
numbering over 1,000 were also restructured into 42 industrial unions.
The organization has had chequered
history, surviving two instances of dissolution of its national organs and
consequence appointment of state administrators. The first was in 1988 under
the military regime of General Ibrahim Babangida Congress’s opposition to the
anti-people structural adjustment programme incensed the military
administration to take over the NLC
The second military intervention was
in 1994 during the General Sani Abacha, whose government also became fed up
democracy.
However delegate conferences were held
on February 2007, the current leadership was elected. It comprises
1. Abdulwahed
Ibrahim Omar --- President
2. Peter
Adeyemi --- Deputy President
3. Promise
Adewusi --- Deputy President
4. Kobor
Onikolease --- Deputy President
5. Abudullahi
Bangudu --- Vice President
6. Kingsley
Agba --- Vice President
7. Issan
Aremu --- Vice President
8. John
Onyenemere --- Vice President
9. Ladi
Liya --- Vice President
10.
Ayusa Wabba --- National Treasurer
11.
Peter Akpattson --- National
Trustee
12.
Gidado Hamman --- Deputy National Treasurer
13.
Saqid Abdubakar --- Internal
Auditor
14.
Samuel Adeoye --- Internal Auditor
15.
Bashomen Hakeen --- Internal Auditor
16.
Lavina Okoreo --- Ex-officio
17.
Coretta Balogun --- Ex-officio
Aims and Objectives
The fundamental aims and objectives of
congress are to protect, defend and promote the rights, well-being, and the
interest of all workers, pensioners and the trade unions, to promote and defend
a Nigerian nation that would be justly democratic, transparent and prosperous
and to advance the cause of the working class generally through the attainment
of:
1. To
promote and defend the rights, well being and interests of workers in the work
place and society.
2. To
ensure the existence of one trade union in every industry
Organs of Nigerian Labour Congress
1. The
national delegates conference
2. The
national executive coined (NEC)
3. The
central working committee (CWC)
4. The
national administrative council (NAC)
Structure of Nigerian Labour Congress
1. National
delegates conference
2. National
executive council (NEC)
3. Central
working committee
4. National
administration
CHAPTER SEVEN
EMPLOYER ASSOCIATION
As Poole, (1986) stated employer
association hold significant station in the advance of industrial relations in
all societies. However, they have a limited part in the industrial relations
system of some countries notable the USA and Cananda and are even less
predominant in the third world. Certainly employers as individual industrialist
have more impact on industrial relations in Nigeria, rather than collectively,
though they are formed generally to pursue certain strategies that are beyond
the level of the individual form.
The Power of Actors in Industrial
Relations System
Other actors in industrial relations
are labour unions organized, the states and professional managers in large
corporations. As stated by Fajona, in countries that have strong employers
associations, it must be determined counter offer by industrialist to break the
ranks of influential trade union movements.
The Size of the (employers) Organisation
The size of the organization or
material infrastructure is reflected in industrial concentration technical and
organizational complexity (Fajana 2005).
Types of Employers Association
There are two functional types of
employer association in Nigeria. They are trade/economic associations and
industrial employer’s associations.
Trade union Associations
Trade associations are basically
concerned with the business interest of members while avoiding as much as
possible employment issues.
The first established employers
association was the chamber of commerce and industry formed in 1897. The
Nigeria association of chambers of commerce industry, manufacturing and
agriculture which was the umbrella organization for these associations formed
in 1961 to co-ordinate the work of its affiliates operating in the major urban
cities. As stated earlier, the primary concern of the chambers of commerce are
the economic and commerce interests of their members.
Employers (industrial) Associations
This is the second types of employers
associations, in this category are organizations formed in specific industries
with the exclusion of NECA organisations. This category is concerned primarily
with employment relationships.
Management and Administration of Employments
Association
Employers assocciation subsscribe to
democratic principles in their internal administration. This makes fundamental
difference between the trade unions and this employer’s organisations.
The main decision making body of the
employers association is the Annual General Meeting (AGM). Accordingly this is
the employers counterpart of biennial or triennial delegates converntions of
trade unions. Though their function one more less the same
Functions of Employers Association
1.
Basically
employed: Association deal with industrial relations matter.
(negotiating labour matter on behalf of the members)
2.
The
regulate the labour markets, by preventing some
individuals employers that operate quietly and informally form cutting wage
rates or agreeing maximum rates.
Objectives
of NECA
The objectives of NECA as stated
1.
To ensure the membership in the association
of all eligible employee in the federal republic of Nigeria
2. To
assist in the maintenance and promotion of good failing between members and
employees
Organisation Structure of NECA
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Functions of NECA
1. Labour
management relations
2. Training
and education of members
3. Advising
services-advising members on negotiations
4. Dissemination
of information via NECA news
National Association of Small Scale
Industries (NASSI)
To estabblish and maintain a
platfform, whereby ideas will be exchange for the development of small scale
and median industries.
To co-operate and consult with
organisation or persons who have similar objectives.
CHAPTER EIGHT
TRADE DISPUTES, INDUSTRIAL CONFLICTING
AND GRIEVANCES
The trade union Act of 1973 defined
industrial disputes as “any dispute employers and workers or between workers
and workers which is connected with the employment or none-employments or the
terms of employment or conditions of work of any person.”
Dispute is generally defined by the
Oxford Advanced Learners Dictionary as an argument or a disagreement between
two people, groups or countries or discussion about a subject where there is
disagreement.
The subject matterof a trade dispute
is concerned with the terms of employment, the conditions of work and the
employment and non-employment of any person.
Types of Disputes
There are two major type of trade
dispute. They are:
1. Individual
2. Collective
disputes
Causes of Industrial Disputes
The major causes of industrial
disputes will include the following
a. Poor
conditions of service symbolized by inadequate salaries, wages and fringe
benefits, such as housing transportation, medical services to mention a few
b. Failure
on the part of management to implement in full terms of agreement arising from
collective bargaining or non implementation of terms of agreements.
Sources of Conflict
The cources of conflicts are
categorized into disagreement arising within the enterprise (internal) and
those cropping up outside it (external)
Causes of industrial Conflicts
1. Economic
causes: these are causes that relate to wage issue
2. Negotiation
of collective agreement
3. Grievances
resulting from job content and context
Industrial Grievances
Grievances do not come up only in
industrial relations but also unavoidable in every sphere of human existence
and minimized. Generally, relationship it is evitable in nature but can be
controlled or minimized. Generally, relationships always lead to grievances.
Types of grievances in the work place
There are two types of grievances
1. Individual
grievance
2. Collective
grievance
Strike
A strike according, G.A Cole (2002) is
a form of industrial action taken by employees against their employers by means
of stopping work.
Types of Strike
1. Wild
cat strike
2. Sit
down strike
3. Constritutional
strike
4. Unconstitutional
strike
5. Official
strike
6. Unofficial
strike
The wild cat:
Strike is embarked without giving the employer any reason or notice
Sit down: Do
not necessarily involve the take over of the company’s asset and its management
by the workers
Sympathy strike:
Strike merely espress moral and fraternal support aimed at bringing pressure on
the employer involved in the dispute.
Constitutional strike: This
type of strike refers to actions that conform ot the due procedure of the collective agreement
Unconstitutional strike:
These are strike actions that do not conform to the provisions of the
collective agreements, or the relevant public policies.
Official strike:
This is strike actions authorized by the leadership of the union
Unofficial Strike: The
unofficial strike is without the authority of the union leadership
Consequences of strike
1. It
may lead to termination of the contract as soon as the strike begins
2. It
may be a breach of contract by the employee, thus giving the employers a right
of action for damages.
Effects of the strike
Strikes have serious effects on all
the three actors in the industrial relations system.
Causes of strikes
1. Structural
organisational conflict
2. Inadequate
decision making power
3. Management
policies
4. Intra-organisation
conflict
5. Interpersonal
and personal sources of conflict.
CHAPTER NINE
TRADE DISPUTE SETTLEMENT PROCEDURE
Since disputes, conflicts and
grievances are bound to occur in the workplace relations, the extent
organizations achieve their objectives/goals depend largely on the ability of
it’s managers controlling staff, is to create and maintain a level of moral
which will induce full cooperation from his staff in obtaining maximum
operational efficiency throughout the unit or sections of the organization.
The Grievance Procedure
This is often seen as the internal
machinery because is a pre-agreed and self-imposed undertaking by the parties
to resolve all grievance, through a specified machinery, without resorting to
industrial actions. (Fashoyin 2005) section 3 (1) of the trade disputes Act
stipulated that any dispute arising in industry must first be settled under
internal machinery, and only when this pails can the statutory procedure be
resorted to.
The labour agreement usually makes
provision for the settlement of rights disputes (or grievances) arising out of
the interpretation of the agreement or other areas not included in the
agreement.
Stages of a Dispute Procedure
One of the principal ways by which the
majority of organizations avoid strikes and other trade union sanction is by
drawing up a mutually agreed procedure for dealing with drawing up a mutually
agreed procedure for dealing with collective disputes. Sometimes the procedure
is contained in a negotiating agreement as part of the total arrangements about
the content of bargaining and other issues.
First
state
Union
representative issues with
department/section
Manager
 |
|
 |
Second stage
Issue
is discussed by company personnel manager. And convenor of shop steward and/or
local trade union officers
Third stage
Issue is discussed by
company managing director and regional/national officers of union
Final stage
If
internal procedures have been exhausted, either side may seek conciliation via
ACAS, or both sides may agree to seek some of arbitration
Mechanism of internal resolution of
conflict
a. Collective
bargaining
b. Deputation
c. Joint
consultation
Subject matters of discussion in joint
consultation
i.
Improvement in level of quality and quantity
of products
ii.
Improved safety controls
iii.
Matters concerning welfare
iv.
Length of work or hour of work
v.
Promotion and redundancy issues etc
vi.
Quality controls
vii.
Lateness and idleness at work
viii. Efficiency
ix.
Reduction or elimination of wastage
discipline
x.
Training and development
xi.
Application of collective agreements
xii.
Overtime
xiii. Health
xiv. Methods
of grievance processing
The major difference between joint
consultation and collective bargaining
1. Joint
consultation is localized collective bargaining though still taking place at
enterprise level, but collective bargaining is not.
2. Issues
presented at joint consultation meeting are usually tabled by both the workers
and management representative. This is not the case with collective bargaining.
External mechanism of conflict
resolution
When the voluntary internal grievance
fails, low requires the parties to resort to the following external, or formal
statutory procedures section 3 (1) of the trade dispute act.
a. Meditation
b. Conciliation
c. Arbitration
d. Industrial
court and
e. Inquiry
and investigation
CHAPTER TEN
COLLECTIVE BARGAINING
Collective bargaining is a machinery
for discussion and negotiation whether formal or informal, between employer(s)
and worker’s representative, aimed at reaching mutual agreement or
understanding on the general employment relationship between the employer(s) and
workers representatives (Fashoyin 2005).
According to Davey (1982) collective
bargaining is a process through which a management and union representatives
participate in the negotiation, administration, interpretation and enforcement
of written agreements covering joint understanding with respect to wages and
salaries, rates of pay, hours of work and other conditions of employment for
better understating of the concepts of collective bargaining the knowledge of
collective bargaining theories is essential, this section presents the basic
theories foundations of collective bargaining. They are the chamberlain and
Kuhu, the webs and Dulop views.
Chamberlain and Kuhu
Chamberlain and Kuhu collective
bargaining from the major perspectives that present different stage in the
development of collective bargaining process. They are three.
i.
The market concept
ii.
The government theory
iii.
The industrial management concept
The Webs
The
webs viewed collective bargaining as an economic institution with the trade
union acting as a bloom cartel by controlling entry into trade. To web’s, terms
and conditions of employment can be determined in times main ways. Unilateral
determination by the employer.
Collective Agreement
When management and union negotiate on
the various matters which constitute the conditions of employment decision thus
arrived at are embodied in collective agreements according to Ubeku (1985) are
the products of collective bargaining.
A. Workers or their Representatives
1. Collate
collective demand of workers
2. Oversee
the implementation of the collective agreement
B. Employers or their Representative
1. Represent
the interest of the employment against the demand of the workers
2. Implementation
of the collective agreement
C. Government Agencies
1. Protect
the interest of the public
2. Serve
as the impartial arbiter in case of problem arising from the collective
bargaining processes
Types of Collective Bargain
a. Distributive
bargaining
b. Integrative
bargaining
c. Attitudinal
bargaining
d. Intra-organizational
bargaining
Conditions/pre-requisites for effective
collective bargaining
Collective bargaining as a process of
reaching agreements between labour and management requires the existence of the
conditions for it to be effective.
The international labour organization
(ILO) has identified the following:
i.
Favourable political and economic climate
ii.
Freedom of association
iii.
Joint authorship of rules
iv.
Willingness to observe the collective
agreements that emerge
Functions of collective bargaining are:
The major functions of collective
bargaining are:
i.
Setting terms of employment
ii.
Setting rules in the workplace
iii.
The grievance process
CHAPTER ELEVEN
THE STATE IN INDUSTRIAL RELATIONS
THE CONCEPT OF THE STATE
One of the most basic concepts in
government is the state because without the state there will not be an
institution called government many scholars have attempted to defined the state
in different ways.
According to Karl Deutsch, the state
can be defined as an organization established for the enforcement of decisions
or commands made practicable by existing habits of compliance among populace.
To Aristotle, the state can be
described as the most supreme and inclusive association whose purpose is the
attainment of good life.
A state must possess the following
elements or characteristics
i.
People or population
ii.
Territory
iii.
Government
iv.
Sovereignty
v.
Permanence
Reasons for Convenient Intervention
Obviously, the reason for government
intervention includes:
a. Economic
b. Historical
and international obligation
c. Political
and social obligation
d. Government
as the dominant player of labour
Economic Reasons
The success and stability of any
nation depends on the environment of industries relations which emanates from the
standard of living and distribution of the people
Historical and International Obligations
Government intervention in the
industrial relation is justified by the historical background Nigeria, was a
colonial heritage. During the Nigerian Colonial administration, the government
was actively involved in industrial relation.
Political and Social Obligation
Government intervention in industrial
relations system brings peace and mutual co-existence of the employer and
employees.
Government as the dominant employer
state is the highest single employer of labour. Hence government is expected to
take active interest in industrial relations as a pace setter.
Industrial Relations Law Existing in
Nigeria
Industrial relations law existing in
Nigeria are as follow:
1. The
trade union ordinance of 1993 which trade it possible for formal, recognition
of labour union in Nigeria.
2. The
trade dispute (Arbitration and inquiry) ordinance of 1941 which made it
mandatory for government to intervene in labour dispute between the parties
when they cannot settle peacefully or after the join machinery for setting
disputes has failed.
3. The
trade union decree no 31 of 1933
4. The
wages board and industrial council degree no 1 of 1973
CHAPTER TWELVE
DEVELOPMENT OF WAGES AND EARNING SYSTEM
The most of the industrial revolve
around wages and salaries determination. In short, wage and salary question are
the most important of all items connected with the employment contract. As a
noted by Uvbekr(1984). The issues of wage and salaries are the most frequently
mentioned. The take more time to discuss and give rise to the greatest number
of disputes. Workers need improved wage to enable them satisfy their basic need
to cut down costs of production and achieve improved profits.
Wage
A
wage is the payment made to manual worker, it is nearly always expressed as a
rate per hour. Wage associated with manual or factory employees.
Salary,
A
salary is fixed periodical payment to a non-manual worker, employee
Difference
between wage and salary
1. Salary
is generally associated with office staff including senior executives, while
wage is associated with manual or factory employee with the exception of
supervisions who receive a salary,
2. Calculated
at a monthly rate and are paid to clerical administrative and professional
employees (while collars workers)
TYPES OF WAGE PAYMENT SYSTEM
There are basic types of wage payment
system. They are:
a. The
basic wage/salary
b. Fringe
benefits
c. Incentives
Types of Indirect Financial Compensation
Workers Compensation
Compensation is used in this context
to mean, making recompense for a transgression, perhaps as by paying a sum of
money to an employee who has suffered injury as a result of employer’s
negligence and work-place accidents
Types of Managerial Compensation
The typical option plan gives the
manager the option plan gives the manager the option to buy a specified amount
of the company stock at or below the current market price.
CHAPTER THIRTEEN
CONTRACT OF EMPLOYMENT, EMPLOYEE HEALTH
AND SAFETY
A contract of employment is an
agreement between the employer and the individual worker. It is a relationship
established by an agreement between a person called the worker (employer) and
another called the employer, by which the worker agree to render his service to
the employer, obey his orders and subject himself to his control an direction
for a consideration in form of wages and salaries.
The essential feature of a valid
contract
1. Offer
2. Acceptance
3. Consideration
4. Certainty
5. Legality
6. Consensus
Termination of Contract
A contract shall be terminated at the
expiry of the period for which it was made or by the death of the worker before
the expiry of the period, or by notice by either party.
Health Safety and Welfare
The law here is governed by the
factories Act 1958. The main and relevant provisions are contained in part IV,
V and VI of the Act Health and safety arrangements.
The description of the health and
safety arrangements show indicate how the general policy statements to be put
into effect it should cover;
Arrangement for monitoring the
atmosphere are maintaining high standards of hygiene with regard to potentially
harmful substance the precaution such as ergonomic design of workstations that
will be taken to minimize the potential induce of Repetitive strain injury
(RSI).
Health and Safety Organisation
Health and safety concerns everyone in
an establishment. Although the main responsibility lines with the management
and team leaders for formulating and implementing health safety policies and
produces.
CHAPTER FOURTEEN
EMPLOYEE PARTICIPATION AND INVOLVEMENT
Employee participation implies the
right of employee to participate in company management decision making in
Nigeria, American, and Europe, the right of employee to participate in company
decision making are limited when compared with the wide-reaching compromise in
labour-management relations being adopted by the German
Reasons for Employee Participation and
Involvement
a. Information
and education
b. Secure
enhance employee
c. Handling
conflict at work and promoting stability
Requirements for successful employment
and participation
Ø Building
trust
Ø Eliminating
status differentiate
Ø Committing
the organization to vigorous training and development
Ø Breaking
down barriers to change the organization’s culture.
CHAPTER FIFTEEN
COMMUNICATION ISSUES IN INDUSTRIAL
RELATIONS
People need ideas knowledge and
information concerning their environment, and the activities and issues
pertaining of them.
Speed
It is necessary to know how much speed
is needed
Accuracy
The message must carry accurate date
of information
Communication Barriers
a. Poor
planning
b. Poor
listening and in-attention
c. Badly
expressed message words that create.
CHAPTER SIXTEEN
FEDERAL MINISTRY OF EMPLOYMENT, LABOUR
AND PRODUCTIVITY
History of Federal Ministry of Labour
The Federal Ministry of employment and
productivity started as a department in the colonial Governor’s office in 1932.
It becomes a fully fledged ministry in 1942. It has grown into a colossus with
headquarters in Abuja, a network of 36 states labour officers throughout the
federation.
Local Organisations/Institutions
The department relates to the
following
i.
Nigeria employers consultative association
ii.
Nigeria labour congress
iii.
Michael Imoude Institute for labour studies
iv.
Other tertiary institutions
v.
Trade Union Congress of Nigeria (TUCN)
Employment and Wage Department
The department handles matters
relating to:
i.
Employment and wages policy of the government
ii.
Skill upgrading
iii.
Trade testing and certification of
proficiency in trade and craft
Duties and Code of Conduct of Officers
The primary objects of the appointment
of labour officers are:
Employers,
employees and all the concerned of the laws administered by the ministry of
employment and labour and productivity.
4TH PREFACE
Industrial relations in Nigeria
(principles) concepts and applications is a book designed according to the
requirements of the National Board for Technical Education (NABTE), the Nigeria
University Commission and in the interest of professionals, graduates and
undergraduates.
The book is written in simply
languages for easy and understandings, to enable readers to appreciate basic
principles, concepts and applications of industrial relations? Issues, which
are necessary for the promotion of industrial peace, harmony, democracy and
efficiency for improved of work place relations and productivity.
The authors are motivated by the fact
that harmonious relationship between the management and labour is German for
the overall development and growth of the industrial section needed, for the
rapid and effective transformation of the Nigerian economy.
This book is recommended for scholar’s
researchers and practitioners in both public and private sectors for the long
awaiting industrial harmony, peace and integration of the interests of the
management and labour. And to dismantle, the undue industrial conflicts
characterizing the Nigerian relations.
CONCLUSION
The book industrial relations in
Nigeria can be said to be a relationship between the management and labour in
Germane for the overall development and growth of the industrial sector.
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