Collective bargaining and industrial harmony in the nigerian public service. Collective bargaining and economic performancea short. Joshoyin 2007 define collective bargaining as a machinery for discussion and negotiation whether formal or informal, between employers and workers, representatives, aimed at reaching mutual agreement or understanding on the employers and the worker, according to glueck 1982 collective bargaining implies the right, not only to disagree but to express such. Generally, collective bargaining can be seen as a process and as a method. Employers duty collective bargaining process deals with issues like. Other objectives are to examine the nature of collective bargaining and conflict resolution mechanisms. The general unenforceability of collective agreements. No findings or research was conducted by the author but references to other articles in support on the article. Negotiations about working conditions and terms of employment between an employer, a group of employees or one or more employers organization on the other. Assu to renegotiate 2009 agreement, as buhari sets up team.
In the event that collective bargaining reaches an impasse, either party may request the assistance of a mediator from the bc labour relations board. Nature of collective agreements in nigeria european. Ghosi this paper attempts to analyze the theoretical and empirical literature relating to collective bargaining in public and private sectors in nigeria. International comparative trends in collective bargaining jstor. Because it is such an important process, collective bargaining normally results in settlements whether it is handled well or poorly. The aim of the project is to find out how collective bargaining can effectively ensure industrial harmony thereby increasing productivity and improve performance through collective agreement. Collective bargaining and labour relations collective. Collective bargaining is part and parcel of the labormanagement relationship and one of the most important activities undertaken by the parties. The legal framework of collective bargaining in the. Compromise reached on matters under discussion between employer and. However, in nigeria, the public sector pays lipservice to the collective. Collective bargaining and labour disputes resolution is. That is the essence of collective bargaining which could result in a collective agreement.
Collective bargaining and industrial peace pdf download. The legal framework of collective bargaining in the nigerian. Collective bargaining constitutes an important means by which workers seek to satisfy their economic and social interests. Coverage of collective bargaining agreements another important indicator of the degree of employment regulation by collective. Unions and collective bargaining world bank document. Organization, employee, employer, conflict, negotiation. According to an ilo manual in 1960, the collective bargaining is defined as.
The general unenforceability of collective agreements under. This paper is directed at exploring the legal framework of collective bargaining in the nigerian public sector using a process approach. Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers compensation and rights for workers. Collective bargaining is the formal process of negotiation between an employer and a group of employees often with their union representative that sets the terms and conditions of work. All headings were well referenced with quotes to back all information citied in the article. Globalization and collective bargaining nexus and how opportunities and challenges in the nigeria collective bargaining environment. Collective bargaining was a system of institutionalising conflict that suited the sociological features of manufacturing industries which concentrated sizeable groups of wage earners doing similar tasks into workplaces that were relatively large. Pdf the principle of collective bargaining in nigeria. Malaysia, morocco, nigeria, of antiunion discrimination. Much ado about collective bargaining agreement in nigeria.
Elsewhere, he attributed this relative poor performance of the machinery and practice of collective bargaining to the uniqueness of the employer fashoyin, 1999. Introductioncollective bargaining is a common industrial relations practice in nigeria. What is collective bargaining joshoyin 2007 define collective bargaining as a machinery for discussion and negotiation whether formal or informal, between employers and workers, representatives, aimed at reaching mutual agreement or understanding on the employers and the worker, according to glueck 1982 collective. This feature outlines the legal provisions on bargaining procedures and structures, and looks at the current situation in terms of the number and level of.
Nigerian labour law provides for automatic recognition of trade unions for collective bargaining purposes. An impasse means that the desired outcomes have not been achieved. This is a typical feature of the first manifestations of collective bargaining in history. In the nigerian context, collective bargaining is a form of direct intervention. The main advantages of collective bargaining are as follows. Collective bargaining is a process used by employers and unions to arrive at an agreement regarding terms and conditions of employment. Collective bargaining and conflict resolution in nigerias. The essence of collective bargaining is bargaining between interested parties and not from outside parties. Citeseerx document details isaac councill, lee giles, pradeep teregowda. Nigeria, amidst the various arms of the government which has been working tirelessly to ensure the growth and sustenance of the. Globalization and collective bargaining in nigeria vol. Collective bargaining results in a collective bargaining agreement cba, a legally binding agreement that lays out. The origin of collective bargaining in nigeria is traceable to the public sector, and as fashoyin 1999. To be enforceable in nigeria, a collective agreement must be incorporated into the.
In assessing the viability or otherwise of the collective bargaining process in nigeria, we must use the four criteria stated above on the basis of these, our judgment is that collective bargaining seems to have a viable future in nigeria. Collective bargaining and industrial harmony in the nigerian. Collective bargaining is a well developed and important part of industrial relations in slovakia, with around half of the workforce covered by sectorbranch level collective agreements. What are the main advantages of collective bargaining. Nigerian labour law provides for automatic recognition of trade unions for collective bargaining. The extent to which globalization has aided or hindered collective bargaining in nigeria and ways by which organised labor managed the situation are questions considered paramount here. Dec 06, 2016 collective bargaining over pay and conditions, with trade union officers also acting to resolve any grievances of individual members, or of small groups, within the workplace. The professional employees association pea is the exclusive bargaining agent for its members. The term collective agreement or collective labour agreement2 has common feature both in statutory and common laws definitions. Collective bargaining in nigerias public health sector.
The changes that have occurred in labour laws and the system of industrial relations since 1973 have by. However, nowadays collective bargaining continues to have a significant role e. Often during collective bargaining an impasse is reached between the two sides. However, this attention is skewed more towards the practice in the public sector and other aspects of collective bargaining than its structure such as the parties, processes and outcomes zebobipi, 1994damachi andfashoyin, 1986, fashoyin, 1986. Collective bargaining is the process or the exercise in which workers, through. Putting the problem in perspective in nigeria today, strike has become a household name, industrial conflicts that can be resolved via collective bargaining often degenerate to industrial action leading to loss of working hours.
Collective bargaining and industrial harmony in the. The objective of the paper is to highlight the weaknesses of the legal framework within which collective bargaining operates in nigeria. Local 2279, american federation of teachers, aflcio. These questions serve as motivation for this paper and are addressed through content analysis of relevant documents. Negotiating work rules at the firm level instead of the. New minimum wage agitations and collective bargaining nigeria. Dynamics of collective bargaining in resolving conflict in.
Collective bargaining is a process of decision making between parties representing employer and employee interests which implies the negotiation and continuous application of an agreed set of rules to govern the substantive and procedural terms of thc cinployment relationship. The government has been directly appointing wage commissions in the. Hours of employment, working conditions the objectives of collective bargaining are given as. Collective bargaining in nigerias public health sector by. The general objective of this paper is to identify the link between collective bargaining and labour conflict resolution in nigeria s public sector. Collective bargaining according to flanders 1970 is a social process that continually turns disagreements into agreements in an orderly fashion. Collective bargaining is essential both at the international and at the national level, as we face the most severe social and economic crisis in 80 years. Government helped employers gain power by permitting them to form corporate type of business activities. Collective bargaining and industrial peace a case study of the nigeria railway corporation, eastern division enugu with abstract, chapter 15, references and questionnaire. At the beginning, unions were considered as necessary evils, but in course of time, a rationale for collective bargaining emerged which has been accepted by all. But poorly handledproce sses should be expected to produce poor. The scope of collective bargaining expanded in many countries.
Mar 10, 2015 this paper is directed at exploring the legal framework of collective bargaining in the nigerian public sector using a process approach. Existing works on collective bargaining in nigeria that make reference to the oil industry, either as a public or private sector enterprise or an essential service nigerian journal of management scien. Management decides what it can expect from the negotiation. He corroborated that british bank of west africa now known as first bank of.
The estimated population of lagos state university staff is 5000, a sample of 50 employees were selected using simple random sampling technique. Procedurally, collective agreement is suffical and precedes collective bargaining, which has been defined as a voluntary negotiation between employers or employers organisations. Studies on collective bargaining in nigeria are largely preoccupied with presenting an overview of the bargaining process as well as insights into the trade union activities of the education and energy sectors. Fitzenberger, kohn, and wang, 2006 and the emerging consensus that changes in the composition of the workforce have played a. It is against this background that collective bargaining forms one of the most important gradients of the ilo strategic objective on promoting and strengthening social dialogue. It is argued that collective bargaining is a good anti cyclical measure and that the depression of the.
A case in point is federal government disagreement over the negligence of agreement reached through collective bargaining process with academic staff union of universities assu in 2009 finding a lasting solution to the unions demands. Finally, collective bargaining is regarded as an equitable system because of its equalised power between workers and employers. D abstract the issues and conditions of employment has remained contentious and challenging to most industrial organizations especially in africa. In nigerian, collective bargaining institutions have been constructed and reconstructed in different contexts driven by globalization. Pdf the principle of collective bargaining in nigeria and the. The nigerian public healthcare sector however provides a veritable laboratory for. While collective bargaining is not as multifaceted in developing countries as in developed countries, there are still fundamental differences among developing countries in the level of negotiation of collective bargaining and its coverage, with trends also. Collective bargaining and workers voice are key labour rights, as well as potentially strong enablers of inclusive labour market. Collective bargaining procedures, structures and scope.
Effectiveness of collective bargaining s a a tool for. Successful collective bargaining is crucial to the attainment of industrial peace in nigeria. To protect the interest of the workers through collective action. The role of collective bargaining as an effective tool for industrial democracy and social justice has been recognized for many years. Collective bargaining and nonstandard forms of employment ilo. Collective bargaining is a process of decision making between parties representing employer and employee interests which implies the negotiation and. Collective bargaining the collective bargaining process preparing to negotiate o factgathering. It is submitted that nigeria must therefore play a progressive role in removing the pitfalls which stand in the way of mutual, amicable and voluntary collective bargaining. Settle the conflicts related to working conditions and wages. Traditionally, collective bargaining has played the role of improving working conditions laid down in the rules of the respective mandatory law.
Key vocabulary continued collective agreement establishes wages, hours, promotions, benefits, and employment terms etc. Recent issues regarding collective bargaining and conditions of work in the chemical industry yasuhiko kamakura. Collective bargaining is essentially the negotiations about working conditions and term of employment between the employer s and employees or government with the view to reaching an agreement. Jun 22, 2019 the labour agreement is not a contract of employment. Hence, it advocates a paradigm shift from the thrust of collective bargaining in nigeria which usually centers on matters relating to compensation, to equally germane issues such as, infrastructure development, capacity building and. This means that individuals cannot negotiate their own contracts. Collective bargaining is not simply an instrument for pursuing external endsrather it is intrinsically valuable as an experience in selfgovernment collective bargaining permits workers to achieve a form of workplace democracy and to ensure the rule of law in the workplace. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The relevance of collective bargaining can easily be ascertained at the workplace and the society at large. Glu collective bargaining, wage and social protection in s. Nigeria, employers associations and one or more trade.
Collective bargaining and collective agreement under the nigeria labour law. Collective bargaining results in a collective bargaining agreement cba. Nigeria must encourage the full development and utilisation of the machinery for 177 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.
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