Labour movements, the world over, aim at addressing the needs of the working class, while employers of labour are primarily concerned with maximising profits.
The existence of these two interest groups in an industrial establishment has often resulted in trade disputes.
Quite often, the disputes are resolved on the basis of compromise, while many others end in lock-outs, work-to-rule and strikes.
The Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC), the two main central labour organisations in the country, had in the past organised and led Nigerian workers on strikes over issues they claimed were of public interest.
But recent strikes by workers in some sectors of the economy have raised the question over the rationale of using strike as an instrument for settling industrial dispute.
On July 29, teachers under the aegis of the Nigeria Union of Teachers (NUT) called off their six-week nationwide strike.
The teachers were protesting the refusal by the Federalauthorities to issue a circular to back the implementation of the newly introduced Teachers Salary Scale (TSS).
They called off the strike following the intervention of governors of the 36 states of the federation.
The implication of the teachers’ action cannot be over-emphasised as it kept children in public schools at home for as long as it lasted.
Earlier on July 10, members of the National Union of Petroleum and Natural Gas Employees (NUPENG) embarked on a strike that was aborted on the third day.
The workers were protesting against high cost of automotive gas oil (diesel) which, they claimed, was allegedly being manipulated by some cartel, as well as poor remuneration.
Their complaint also centred on ‘’the dilapidated state of Nigerian roads’’ which, they said, made haulage of petroleum products difficult for their members.
The Medical and Health Workers Union of Nigeria (MHWUN) had called a warning strike on July 8.
This was a follow-up to their seven-day and later 14-day ultimatum to the Federal Government to meet their demands or face a nationwide strike.
Also interesting was the joint action by members of the Radio, Television, Theatre Art Workers Union (RATTAWU), the Nigeria Union of Journalists (NUJ) and the Amalgamated Union of Public Corporations, Civil Service, Technical and Recreational Services Emploees (AUPCTRE).
The unions had issued a three-day warning strike to the Federal Government expressing their intent to go on a nationwide strike if their demand was not met.
Their demand was the payment of a two-year arrears of monitised fringe benefits to Federal workers in the unions.
Analysts say workers embark on strike as a means of forcing management to bow to their demands.
But they are also quick to observe that strike should be used as a last resort in settling industrial disputes, after all other avenues of negotiation had failed.
Some observers argue that this seem to be different under the Nigerian situation, as workers embark on strike at the slightest provocation.
‘’Workers are impatient to follow the due process, and this has contributed to the number strikes witnessed,’’ an official of the Federal Ministry of Labour and Productivity said.
He says that the ministry intervenes in several issues to ensure that unfair
labour practices are checked before they evolve into a crisis situation.
The official, however, notes that strikes are not on the increase, adding:‘’strike is not so much compared to the number of factories and issues we handle’’.
‘’We do not encourage workers to go on strike or be sacked; rather we encourage settlement and maintaining of status quo,’’ another official in the ministry said.
What then are the legal requirements for ensuring industrial harmony?
The Trade Dispute Act, 1990, acknowledges that trade disputes are inevitable in industrial organisations.
It, however, stipulates that the first step in resolving disputes is for both
the workers and the management to enter into collective bargaining toward resolving any crisis internally.
The Act says that when bargaining fails, the matter should be taken to the Ministry of Labour for mediation within 14 days.
The law states that if the mediation fails, the issue should be taken to a Conciliator (a superior officer in the ministry) who should resolve the dispute within 14 days.
It also stipulates that if the Conciliator is incapable of resolving the dispute within the period, the matter should be moved to the Industrial Arbitration Panel (IAP) where an award would be given.
The award, it notes, involves the signing of a communique after an agreement that must be binding on the employer and the workers.
The Act adds that if an issue arises as to the interpretation of the award,
the minister or any party to the award may make an application to
the National Industrial Court for a decision.
The Act states that the decision of the Court is final.
However, Mr Owei Lakemfa, NLC’s Assistant General-Secretary, says a situation where workers fail to urge their employer to meet their demand for up to three years, such workers will have no option than to embark on strike under the situation.
‘’Take the RATTAWU and AUPCTRE issue as an example. Government arbitrarily agreed to monetise workers’ allowances and the workers agreed; but the government is yet to pay the two years arrears.
‘’The workers have written series of letters to government and series of meeting have been called, but nothing is happening. ‘’So what do we do?’’ he asked.
Lakemfa says that if decisions reached after negotiations in a trade dispute are not implemented, workers will have no choice than think of an alternative which, he says, will be embarking on a strike.
He advises that the public and private sectors should effectively utilise the
National Joint Industrial Court and the National Employers’ Consultative Association (NECA) to manage industrial disputes.
Lakemfa, however, regrets the delay in the resolution of industrial disputes by the relevant agencies including the IAP, saying it contributes to the incessant workers’ strike.
‘’All sides must embrace dialogue, and the outcome of the dialogue must be implemented, while the IAP should ensure speedy resolution of cases since it is not a normal court that dwells on technicalities,’’ he added.
Lakemfa says that the Ministry of Labour and Productivity should also have the political will to implement decisions to ensure good industrial relations practice.
But an official of NECA urges employers to lay emphasis on capacity building of their employees to boost harmonious relationship between the two.
Mr Peter Akpatason, President of NUPENG, blames strikes on alleged insensitiveness of employers to the need of their workers.
‘’If issues are not delayed, why will a worker want to disrupt his or her source of livelihood?’’ he asked.
Akapatason regrets that poor workers’ welfare is a major factor that contributes to strikes, adding that proactive measures by employers to guarantee workers’ welfare will discourage strikes.
NLC President Abdulwaheed Omar says it is regrettable that employers at both the public and private sectors have failed to show much concern to the demands of the various workers in spite of persistent calls from different quarters.
‘’The NLC has taken part in various negotiations to resolve most of the strikes but the government or even the private employers are not forthcoming.
‘’See the NUT case, and how long it took us to solve it,’’ he noted.
Analysts are worried that economic and social activities in the country are being crippled by incessant strikes.
They warn that any industrial unrest in the health sector will normally result in loss of lives of potential manpower for the nations’ socio-economic advancement.
They say proactive measures by employers on the welfare of their workers as well as timely implementation of agreements between them will reduce the spate of strikes in the country.
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