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The Adequacy of Nigerian Law in Fostering Industrial Peace through Collective Bargaining
(Department of Business and Private Law, KWASU, Malete, 2024) Animashaun, O.O.
The interests of the trade unions and management are diametrically opposed, because the success of one party is a cost at the expense of the other party. For instance, if the union succeeds in its agitation and obtains a higher pay package, it reduces the profit posted by the management at the end of the accounting period. However, the management and employees (represented by the unions) must accommodate each other, as one cannot exist without the other. The article elucidates the functions of trade unions and the major causes of industrial disputes between the unions and the management. The article also addresses, using case law and statutes, the legal and industrial relations processes leading to collective bargaining and agreements, and the legal value of the collective agreement. The article found that collective agreements are mere gentlemen’s agreements. The author therefore advocates, among other remedies, the need for the extant laws to be amended in such a way that collective agreement becomes a legally binding document.