LABOUR AND INDUSTRIAL RELATIONS AS A VERITABLE INSTRUMENT FOR THE SETTLEMENT OF INDUSTRIAL AND TRADE DISPUTES IN NIGERIA

1.1 Introduction

Industrial relations has become one of the most delicate and complex problems of modern industrial society. With advancement in communication and information technology, the way work is organized and performed in organizations has really improved. Advancement in technology has also changed the relationship that had earlier existed between the employers and the employees. In the modern and competitive organization, there is neither total monopoly of power by employers nor with the employees. However, social divide, which had favoured owner or employer at the expense of the employees, domination and difference in interest and values are still sources of conflicts in all organisations (Dauda 2007).

As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitations of the Study and Definition of technical terms.

---

1.2 Background of Study

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 person1. 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 person2.

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 occur without resort to strike, however they are equally as disruptive as cessation of work.

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

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, 19413 and Trade Dispute (Arbitration and Inquiry) (Federal Application) Ordinance, 19574. However, these attempts turned out to be unsuccessful because of some defects in them which eventually shorten their life span and new legislation were enacted, these are the Trade Dispute (Emergency Provisions) Decree of 19685 and the Trade Dispute (Emergency Provisions) (Amendment) (Decree No 2) of 19696.

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 time7. The Decree had some inherent defects which were to be regulated by the Trade Dispute 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 19928.

Trade Dispute Act 1978 S.47 (1)

NNB V. Osoh (2001) 3 NWLR (729)

Ordinance No. 32 of 1942 Cap 201 LFN !958

Ordinance No. 46 of 1957

Decree No. 21 of 1968

Decree No. 53 of 1969

The Trade Dispute Act, 1976 has provided different procedures for setting 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. It also provides for ways in which the parties may take the dispute to the court for proper adjudication.

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

Because they were a temporary war time measures which outlived its usefulness with the cessation of hostilities M.O Akanbi (2001) JLSS Vol.1 No.1, pg 693

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 organization goals and objectives. 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 results 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 e.t.c and resolving these dispute requires compromise, concession and a game of give and take between disputing parties. 4

Therefore, in Nigeria where the research was carried out, the activities that was conducted is to know the Labour and Industrial Relations as a Veritable Instrument for the Settlement of Industrial and Trade Disputes in Nigeria.

---

1.3 Statement of Problems

The major problem in the Nigeria Labour System has been and still remains the incessant strikes by workers. Strike as distasteful as it is, performs various useful functions, for example when it is properly used, it can force management to concede to the demands of the workers.

The practice of industrial relations as a discipline and that of collective bargaining in particular emanated from the private sector the world over (Fashoyin, 1980). Thus, much of the practices of public sector collective bargaining are modelled after the private sector collective bargaining. However, in Nigeria, the obverse is the case as collective bargaining gained its root in the public sector owing to the near absence of private sector at the turn of the century. However, in Nigeria, the public sector pays lip-service to the collective bargaining machinery. Governments at all levels (Federal, State and Local) have continued to set aside collective bargaining and to give wage awards to score political points in spite of its commitment to the ILO Convention 98 to freely bargain with workers (Fashoyin, 1980).

In the light of the above facts, the management of these universities has been confronted with the problems of finding ways of improving such deteriorated relationship in order to move the education industry forward and to find the causes of the deterioration in relationship between the labour and management. The sources of discontent in our trade system are in exhaustive. According to Akpala (1982), it has bearing with present economic situation in the country, our political history and inheritances authoritarian attitudes of both the government and economy trade system. Management towards labour issues, the presence of obsolete labour laws, corruption in all segments of the society, mal administration, class conflict and struggle, struggle for survival etc. Also in the list of the problems is the inability of the Nigerian universities to actualize the objectives for which they were established, such as a training of high caliber manpower etc. it was on the basis of the above problems that the researcher was motivated to conduct this research work with a view to carrying out a comparative analysis of the activities of both public and private Universities on issue regarding trade dispute settlement.

---

1.4 Aim and Objectives of Study

The aim of the study is to scrutinize the Labour and Industrial Relations as a Veritable Instrument for the Settlement of Industrial and Trade Disputes in Nigeria. In achieving this aim, the following specific objectives were laid out as follows:

1. To examine the role of industrial relation in the running of business organization efficiently and effectively
2. To examine the role of industrial relation between employers in delegation of duty
3. To ascertain how employers and employees joint consultation and collective of organizational policies.
4. To ascertain how industrial relation ensures Settling Industrial and Trade Disputes in Nigeria.
5. To find out about the new position of law concerning the jurisdiction of the National Industrial Court on Trade dispute matters.

---

1.5 Research Questions

The study came up with research questions so as to be able to ascertain the above stated objectives. The specific research questions for the study are stated below as follows:

• Does employers and employees joint consultation and collective bargaining in organization permits evaluation of organizational policies?
• Does industrial relation ensure Settlement of Industrial and Trade Disputes in Nigeria?
• What role has the industrial relation played in the running of business organization efficiently and effectively?
• What role does industrial relation played between employers in delegation of duty?
• What is the new position of law concerning the jurisdiction of the National Industrial Court on Trade dispute matters?

---

1.6 Research Hypothesis

In order to pursue the objective of this study, the following generalized statements have been designed to guide and aids in obtaining the result for the experiment to be conducted. For this work, the null hypothesis will be represented with H0 while the alternative hypothesis will be represented with hypothesis H1.

Hypothesis One

• H0: Industrial relation is not important the running of business organization efficiently and effectively
• H1: Industrial relation is a vital tool in the running of business organization efficiently and effectively

Hypothesis Two

• H0: Industrial relation between the employers does not maker proper delegation of a duty easy.
• H1: Industrial relation between employers makes proper delegation of a duty easy.

Hypothesis Three

• H0: Employees and employers joint consultation and collective bargaining in an organization does not permit evaluation of organizational policies
• H1: Employees and employers joint consultation and collective bargaining in an organization permit evaluation of organizational policies.

Hypothesis Four

• H0: Effective industrial relation in an organization does not ensures Settlement of Industrial and Trade Disputes in Nigeria.
• H1: Effective industrial relation in an organization ensures Settlement of Industrial and Trade Disputes in Nigeria.

---

1.7 Significance of Study

This study is significant in many aspects. For one thing, it is directed towards the solution of empirical problems namely: industrial relations and organizational efficiency in the Nigeria Breweries Plc. Here, the study proffers questions on the possible solution of found industrial disharmony and efficiency at the Nigeria Breweries Plc.

For another, the study is significant since it is raised to satisfy a academic requirement pertaining to the procurement of higher national diploma (HND) in business administration. It is thus a contribution of knowledge.

Furthermore, our research is timely in he face of strikes and labour grievances in the contemporary Nigeria industrial beneficial to employers, employees, government and protagonists of industrial harmony and efficiency as well as to students of this aspect of management sciences.

---

1.8 Scope of Study

The study focuses on the Labour and Industrial Relations as a Veritable Instrument for the Settlement of Industrial and Trade Disputes in Nigeria.

---

1.9 Limitations of the Study

During the course of this study, many things militated against its completion, some of which are:

1. Time Constraint: The time frame given to accomplish this project was very short due to school academic calendar and it was carried out under pressure which made the researcher not to implement some necessary features.
2. Research material: availability of research material is a major setback to the scope of the study.
3. Frequent power failure: This made the researcher append more money on fuel to ensure sustainable power.
4. Financial Constraint: Insufficient fund tends to impede the efficiency of the researcher in sourcing for the relevant materials, literature or information and in the process of data collection (internet, questionnaire and interview).

---

1.10 Definition of Terms

The following terms in this study should be taken to mean the following:

Industrial Relation: This is the social relationship that exists between the employee and their unions, employers and their association and the government and their agencies in their effort to regulate the terms and conditions of work.

Dispute: This is the interacting factor between the employers and the employees over the terms and conditions of work.

Conflict: Conflict here means the incompatibility of interest between the employee and the employer or between the employers and employees connected wit employment or non-employment. It is taken to mean the same thing as dispute.