APPRAISAL OF COLLECTIVE BARGAINING PROCESS AS A MEANS OF SETTLEMENT OF LABOUR DISPUTES IN NIGERIA: CHALLENGES AND PROSPECTS

APPRAISAL OF COLLECTIVE BARGAINING PROCESS AS A MEANS OF SETTLEMENT OF LABOUR DISPUTES IN NIGERIA: CHALLENGES AND PROSPECTS

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ABSTRACT

This dissertation is entitled Appraisal of Collective Bargaining Process as a Mode of Settlement of Labour Disputes in Nigeria: Challenges and Prospects. The study examines Collective Bargaining process as a preferred means of settlement of Labour disputes in Nigeria. It is an established fact that the coming in of Industrialization and creation of wealth in the nation gave rise to economic growth, hence the need of labour and management by the sovereign (Nigeria), to provide goods and services to the public at a stable and affordable price. a)The failure of management to recognize labour union during collective bargaining for an effective Collective bargaining, b) The challenge associated with the enforcement of collective agreement and c) The problem of refusal of appeal from National Industrial Court except for appeals on Fundamental Human Right, calls for research hence this dissertation. This research is library oriented research wherein recourse were made to statutes, conventions, case laws, text books, journals, literature etc. Statistics were also gathered from the Ministry of Labour and productivity and National Industrial Court of Nigeria, to ascertain the level of the applicability of Collective Bargaining in settlement of labour disputes in Nigeria. However, the research reveals that the major challenges associated with effective collective bargaining are; non recognition of labour unions by the management. Secondly, before now collective agreement are binding in honour only and are regarded as mere gentleman’s agreements that are not judicially enforceable unless incorporated                                    into the employee’s contract of employment. Thirdly, Expansion of the jurisdiction of the National Industrial Court beyond simple labour and employment disputes. The legislature should come up with an instrument where management (Government) shall be compelled to recognize employees and their Union(s) in collective bargaining and to see the act of non recognition of employees union(s) as a criminal offence for peace and growth of the nation’s economy, b) to review the relevant laws relating to labour, so as to ensure the implementation and enforceability of every collective agreements, without necessarily embarking on strike or litigation for it to be enforced. c) The NIC should be structure not to be seen as a court of last instance, should there be need to appeal its judgment.

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CHAPTER ONE

1.0       GENERAL INTRODUCTION

1.1       Background to the Study

Under the Labour Law, Trade Dispute, which is also called Labour Disputes originated from the

interaction within an organized labour market.1 From the historical perspective the origin of trade

dispute in Nigeria can be traced to the coming in of the European Missionaries which actually

marked the beginning of the real wage employment as foreign currencies and investments began

to be introduced into Nigeria. As a result of the establishment and growth in these investments

the need for employment into the modern industrial structure arose. This necessitated the influx

of men into the paid employment which became a remarkable source of income to the working

class. The problem of the rising cost of living and th


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