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

By

Author

Presented To

Department of Law

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.