LEGAL FRAMEWORK FOR INDUSTRIAL DISPUTES AND COLLECTIVE BARGAINING IN PUBLIC UNIVERSITIES IN NIGERIA

Abstract

Industrial disputes between workers’ trade union and employers on issues of conditions of work are a recurrent problem in Nigeria. Of particular interest are disputes between the Federal Government of Nigeria (FGN) and the Academic Staff Union of Universities (ASUU), leading to recurring faceoff between both parties. A viable legal framework on collective bargaining is essential in protecting interests of groups that may interact in a relative power context. Previous studies on industrial disputes in public universities have focused more on processes of collective bargaining than on its legal framework. This study was, therefore, designed to examine the legal framework for industrial disputes and collective bargaining between ASUU and FGN, with a view to establishing their employer-employee relations. The Sociological Jurisprudence and Pluralist theories served as the framework. Doctrinal and qualitative methods were adopted. Primary data included the Constitution of the Federal Republic of Nigeria,1999; Nigeria’s Labour Act,1974; Trade Disputes Act, 2004 (TDA); Trade Unions (Amendment) Act, 2005 (TUA); National Industrial Court Act, 2006; Ghana’s Labour Act, 2003; United Kingdom’s Trade Union and Labour Relations (Consolidation) Act,1992; International Labour Organisation’s Conventions and Recommendations on Collective Bargaining; and case law. Secondary data included legal texts, articles and reports. Key informant interviews were conducted with 30 purposively selected stakeholders: University of Ibadan (executive-2, member-4), Olusegun Agagu University of Science and Technology (executive-2, member-3), Nnamdi Azikiwe University (member-5), Ahmadu Bello University (member-2) and University of Abuja (member-2); two National Universities Commission officials, four Principal University Management staff; two Senior officials of Federal Ministry of Labour and Employment and, two Senior officials of Federal Ministry of Education. Data were subjected to jurisprudential and content analyses. The legal framework makes inadequate provisions for collective bargaining and enforcement of collective agreement in Nigeria. Section 40 of the Constitution recognises the right to form or belong to a trade union to protect workers’ interests. Although Nigeria’s Labour Act contains provisions on what collective bargaining and agreement entail, nonetheless gives allowance for non-usage, it states no penalty for non-compliance with their processes where utilised. The TDA stipulates processes for disputes settlement, penalty for defaulting is inconsequential and not at par with global industrial realities. Section 16, TDA provides for interpretation of collective agreement, subject to Court’s decision and is considered final and conclusive. Inadequate fiscal support and research funds for public universities, imposition of Integrated Payroll and Personnel Information System as the payment platform for public universities’ academics were unsuitable for the university system and should be jettisoned. The process of collective bargaining between FGN and ASUU had lost its usefulness due to FGN’s constant call for re-negotiation of settled matters.The FGN claimed to have signed past agreements under duress and considered ASUU unrealistic in its demands. Although a legal framework exists for collective bargaining, their provisions are however inadequate in curbing industrial disputes between the Federal Government of Nigeria and Academic Staff Union of Universities; tilting towards the Government’s interest. Extant laws regulating collective bargaining and agreements should be reviewed to make them binding and enforceable.