TABLE OF CONTENTS
CHAPTER ONE
INTRODUCTION
CHAPTER TWO: LITERATURE REVIEW
of Higher Learning 20
CHAPTER THREE: RESEARCH METHODOLOGY
Bibliography 54
LIST OF TABLE
1. Administration of question
2. Sex distribution of Respondents
3. Marital Status of Respondents
4. Age distribution of Respondents
5. Level of Education of Respondent
6. Union Membership
7. Forms of industrial conflict that exist in the institution
8. Workers demand as a cause of industrial conflicts.
9. Do you agree that government refusal to meet the demand as a cause of industrial conflicts
10. Breach of Terms of settlement as a cause of industrial conflicts
11. Implementation of unfavourable policies by the government as a cause of industrial conflicts
12. Means of resolving industrial conflicts
13. Industrial conflicts in the institution resolved by the AP
14. Responses in conformity of procedure with trade dispute December 1976 stipulation.
15. Responses to whether management of industrial conflicts in the institution has been effective.
16. Responses whether industrial relation develops along democratic principles
ABSTRACT
The main purpose of this study was to examine the systems of management of industrial conflicts in institutions for higher learning in Enugu State.
In carrying out the study care was taken to ensure that only relevant data were used. Consequently, both primary and secondary data were used. The primary data were collected from selected respondent using the questionnaire. Some were also interviewed. Secondary data were also interviewed. Secondary data were collected from textbooks, magazines, published and unpublished works.
In the data treatment, the presentation was done in form of frequency distribution while the simple statistical techniques was used in analyzing the data.
Having analyzed the data, the following findings were made:
(1) Industrial conflicts in the institution of out, lock-ins, strikes work-to-rule etc
(2) The factors responsible for these include worker demand for improve welfare scheme, governments refusal to comply, breach of terms of settlement of disputes, etc.
(3) Such conflicts are resolved through collective bargaining, undertaken action of the government and appointments of mediator and conciliator.
CHAPTER ONE
INTRODUCTION
1.1 BACK GROND OF THE STUDY
In the formation of the nation’s industrial relations policy, the federal government was influenced by the country’s social and economic conditions and the standard set by the international labour organization (ILO) of which Nigeria is a member.
In Nigeria, trade union service and industrial relations department under the federal ministry of labour and productivity are primary responsible for the promotion and maintenance of industrial peace and harmony in all the trade disputes which (ie employers and workers or union members) have failed to settle through internal machinery designed to reach amicable settlement of disputes.
Despite the existence of these two departments, industrial crises involving a total number of 13,27 trade disputes were handled within the past seven resulting in 813 strikes and lock-out. These involve 1,628,917 workers with a loss of 81,577,507 Mondays which have cost the country a huge sum of money. Only 821 of such disputes were settle through intervention and conciliation while 307 and 205 were referred to both industrial arbitration panel (IAP) and National Industrial curt (NIC) respectively.
The upsurge in strike and industrial tension could be blamed on deep-water suspicious between employers and workers as well as intra-union crises. In a bid to maximize their standard of living which often eroded by inflation, workers demand higher pay and better conditions of service and employer resist such request because they fear that it might reduce their profits.
In the public sector the government resisted it because of unavailability of funds and the like economic consequences.
The cause of inter/intra union disputes on the other hand, may be traced to communication gap between the officials and member alleged misappropriation and for embezzlement of union funds arbitrary dismissal of national officers by the union, refusal to call national delegates conference as and when due, structure and practices of the union.
In recent years, track disputes especially those of intra and inter union cases have resulted in litigations in the law courts
Some disputes had led to the institutions of more than 40 court cases involving different track union. It has become the order of the day among trade union leaders to take the intra/inter union disputes to civil courts rather than use the settlement machinery provided for them under the trade disputes Act of 1976 (Amendment Decree).
Even more direct is the control government exercises on organize labour. The Nigeria labour Congress (NLC), the umbrella organization for all the trade union in the country was created by the track union decree of 1978 by which the government organized the country’s labour force into 42 trade union the degree set out law the officers of these union are to be appointed, who is qualified for membership, and requirement that each union must file and annual statement of account with the registrar of trade unions in the federal ministry of labour and productivity. The industrial relation’s Degree of 1976 sets the details of how disputes between the employer and trade union are to be settled. Employers and unions are required to attempt internal settlement through joint consultation and collective bargaining. Where this fails, there is provision for the declaration of formal trade dispute and for the matter to be referred to the ministry of labour and productivity. The ministry can thus refer to the industrial Arbitration panels, which allows both parties to present their case and render a binding decision. If any of the parties resist the decision, the matter will be lastly referred to the National Industrial Court.
In the past ten year, the history of industrial relations in our institution of higher learning is marked by incessant industrial actions. The first was in July 1988 when the Academic staff union of Nigeria universities (ASUU) embarked on a strike action against their employers, the National universities Commission/Federal ministry of Education and their individual universities.
In Enugu State higher institutions of leaving have experience so many periods of industrial unrests. Trade disputes are often declared by the trade union in these institutions. The chief one are they Academic staff union of universities (ASUU) Non Academic Staff Union of Universities (NASU), Senior Staff Association of Universities, Non-Academic staff union of Education and Association Institutions, Academic staff union of Education and Association Institutions etc.
The track disputes are declared against the institution authorities. Some of the track dispute have been successfully resolved through disputes have been successfully resolved through internal negotiations. Other have been resolve through mediation and conciliation by a third party. Thus management of industrial conflicts in Enugu State institutions of higher learning have been done through many amicable procedures.
1.2 STATEMENT OF THE PROBLEM
Management of industrial disputes in higher institutions has not been an easy task. Something, the stipulation of the trade dispute Decree of 1976 on the procedure have been gloated through the arbitrary use of power by government in forcefully resolving the dispute. This usually keeps the lid over the dispute first for a while.
Very often negotiations have broken down because of the inability of the parties at the dispute to make concessions to each others demand, thereby reaching the compromise. Some other earlier been suspended resumes because of the inability of the institution’s authority to meet with the term of settlement earlier reached.
In same vacations the industrial actions had arises not because of disagreement between the institution’s authority and the trade union members in the institution. But was a sympathy action in support members in other institutions who are embarking industrial action against the authority. In this case it becomes difficult to call back the striking union members to work through first consultants in the institution. Solidarity and sympathy strikes are difficult to resolve because the legal procedures of mediation and conciliation have always prove abortive.
It is often resolved when the real actors in dispute resolve the issues at dispute.
It is against the background that this study is attempted to examine industrial disputes management in higher institutions of learning in Enugu State.
1.3 OBJECTIVE OF THE STUDY
The objectives of this study, among other things include:
(1) To examine the nature of trade dispute in institutions of higher learning in Enugu State.
(2) To examine the problems of industrial dispute management in these institution.
(3) To examine the procedure usually adopted by the parties in the settlement of these disputes.
(4) To examine the factors responsible for trade disputes in the higher institution of learning.
(5) To establish if the procedures are in forming with stipulations of the trade decree of 1976 (Amendment) in resolution trade disputes.
(6) To suggest ways of improving the management of Industrial disputes in these institution.
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