The Adequacy of Nigerian Law in Fostering Industrial Peace through Collective Bargaining
Loading...
Date
2024
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Department of Business and Private Law, KWASU, Malete
Abstract
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.
Description
Industrial relations or employment relations is the multidisciplinary academic field and practice that studies the employment relationship that is, the complex inter- relations between the employers (represented by the management or the Employers’ Association) and the employees (represented by the trade unions) and the state (represented by government functionaries). The importance of these three parties- the employers and the trade unions and the state need not be overemphasized. However, it is the workers’ unions and its officials that are usually at the receiving end, suffering deprivations such as imprisonment, harassment, persecution, proscription of the unions, etc. Sometimes, the Nigerian state being the largest employer of labour doubles as an employer and an umpire in the industrial relations system. The central issue in industrial relations is the perennial problem of the employees willing to obtain high wages for putting in as fewer as possible hours while the employers strive to pay as little as possible for longer hours. In order to foster industrial peace, then there must be a compromise between the parties who have varied and usually conflicting motives, but cannot do without each other.
Keywords
Citation
Animashaun, O.O. (2024). The Adequacy of Nigerian Law in Fostering Industrial Peace through Collective Bargaining. KWASU Journal of Business and Private Law, 1(1) 251-267