1. ISSUES AND PERSPECTIVES IN LABOUR UNIONISM.
BY
ONIKE RAHAMAN
INTRODUCTION
The word trade union and labour union are used as synonyms or
interchangeably. According to the Trade union Act of 1973, a trade union/labour
union is defined as any combination of workers or employees, whether
temporary or permanent, the purpose of which is to regulate the terms and
conditions of employment of workers. Similarly, labour union may also be
defined as an organisation of workers formed to promote, protect and improve,
through collective action, the social, economic and political interest of its
members. Of course, the desire to unionize is motivated by desire for better
economic working conditions, desire to be heard and for job security.
Labour union can further be defined as an association of employees for the
primary purpose of influencing the employers’ decisions about the conditions of
employment, guaranteeing job security and seeking redress on behalf of

2. members in cases of right violation, victimization and oppression by either the
Management, Employers or even government. The union may also engage in
fraternal activities, political action, training and awareness programmes.
MEMBERSHIP CRITERIA AND GUIDELINES
When a union is formed, the facilitators/pioneers are to embark on membership
drive. The trade union (amendment) Act 2005 has made membership of labour
union a matter of choice. The Act makes membership of labour union to be
voluntary. However, there are inherent dangers in an employee not belonging to
any trade union in the case where an employee may have issues/problems with
the Authorities or the employer. From the legal point of view, freedom of
Association or right to belong to a union is guaranteed by the constitution of the
Federal Republic of Nigeria.
Every employee is therefore expected to express interest in membership of a
labour union of his/her choice and consent of the person has to be sought
before check-off dues/levies are deducted from salary source of an employee.
Payment of due conveys on an employee the right and privileges as a member of
a labour union.

3. THE UNION-MANAGEMENT INTERFACE
Labour unions are vehicles by which employees act collectively to protect their
interests. It is saver to agitate as a group/union than for an individual’s
employee to take up a fight against the Authorities even if the person is fighting
a just cause. Where a labour union exists, it influences a number of
organisational activities. For the avoidance of doubts, recruitment policies,
hiring criteria for casual labourers, work schedules, job design, redress
procedures, safety rules and eligibility for training programmes are examples of
activities that can be influenced by unions.
Union cannot operate in isolation from management. There is a kind of interface
between the union and management for successful negotiations and
harmonious labour relations in any organisation.
The existence of a union serves as a necessary check on any Authority whose
policies and decisions are regarded too harsh and unfavourable to the work
force in an organisation.
Despite the enormous impacts of trade union on management decisions and
policy direction, the union cannot assume management responsibilities. And no
management would allow the union to undermine its authority.

4. While acknowledging the power and responsibilities of management in an
organisation, the union may equally criticize or subject to close scrutiny and
active challenge any unfavourable Management Policies. However, in
performing this role, the leadership of labour unions needs to seek caution and
probably avoid actions that would run foul of job ethnics.
Obviously, the awareness that the union may challenge unacceptable policy
decisions is capable of stimulating the Management/Authorities to exercise care
in shaping personnel policies. The most important factor contributing to sound
labour relations is the recognition by the management that its own actions and
policies have a major impact on union behaviour. The most obvious and
pervasive area of labours’ influence is salary/allowances issues, promotion and
other conditions of service.
THINGS THAT CAN WEAKEN ANY LABOUR UNION
The union enjoys a lot of influence in labour matters but it is not absolute.
Incompetent leadership and faulty approach to issues may reduce the influence
of a labour union. When a union also presents unsubstantiated claims or offers
falsehood as an information or fact, the integrity of such leaders will be at stake.
Poor linguistic and communication skills as required for both oral presentations
and written correspondence to the Authorities may have negative effects on the
union achievements. Even when the union has reasonable grounds to challenge

5. policy decisions, the versatility, oratory and speech habit of the union leaders
could either make or mar the realisation of the objectives the union set to
achieve. Segregation, division, disunity, lack of organisation and poor planning
are parts of things than can weaken the union. In the period of labour disputes,
the activities of ‘sell-outs’ or traitors may constitute hindrances to speedy
attainment of goals of the labour union. Looking at it from psychological
perspective, phobic attitude of the union leaders may slow down rates of
achievements of the labour union. Corrupt practices, compromises and lack of
visionary leadership could as well jeopardise the goals of the labour union.
Indiscipline among members, envy and lack of will power and courage by
members are noted to be parts of challenges that could militate against the
success of any labour union.
OFFENCES THAT ARE DIFFICULT FOR UNIONS TO DEFEND
The labour unions are expected to defend the rights of their members against
oppression and victimization, but there are offences, deeds, actions and
behaviours of members which the union cannot fight for or satisfactorily defend.
The below are some of the offences the union cannot defend otherwise the
integrity of the leadership of the union will be questioned:
Falsification of records (ii) Suppression of records

6. (iii)Withholding of files (iv) conviction on criminal charges (v) Absence from duty
without leave (vi) Bankruptcy/serious financial embarrassment (vii)
Unauthorised disclosure of official information (viii) Bribery/corruption (ix)
Financial misappropriation (x) Sabotage (xi) Sexual harassment (xii)
Drunkenness during office hours
From the foregoing, workers are to avoid any form of involvement in punishable
offences. Offences which are punishable in civil service and public service are
documented in the public service rules, staff condition of service, staff
Handbook and the offences in the Criminal Code. Specifically, punishable
offences are classified into two categories. In the first category are offences
which are non-criminal but violate organisational rules, guidelines, regulations
and policy decisions. The rules in the first category are concerned with efficient
and effective operation of the system e.g insubordination, rudeness to the
superiors, sleeping on duty, backbiting etc. In the second category are criminal
offences against existing laws of the country e.g theft, rape, sabotage, assault
etc.
TYPES OF PUNISHMENTS IN CIVIL AND PUBLIC SERVICE
The punishment for any offence in the public service depends on the nature of
offence, existing rules/regulations, defence by the concerned officer/employee
and Management discretion and value judgement.

7. The following are punitive measures and each has implications on personality,
record of service and career progression of the concerned officer/employee:
(I)Verbal warning (ii) Written warning (iii) Reprimand (iv) Surcharge (v) Loss of
pay (vi) Withholding or deferment of increment (vii) Interdiction (viii)
Suspension (ix) Demotion (x) Compulsory retirement/termination of
appointment (xi) Dismissal from service.
BRIEF NOTES ON VARIOUS TYPES OF PUNISHMENTS
A verbal warning: This is more of a counselling procedure, designed to change
the attitude of an erring officer for the better, than a punishment. It is therefore
often not recorded.
A written warning: After unsatisfactory response to a query, an officer may be
issued a written warning and filed to remain part of service record of such
employee. Of course, written warning may delay promotion.
Surcharge: This is a stipulated sanction against officers found guilty of a range of
accounting offences arising from poor or inefficient management. Such offences
include overpayment of salaries and allowances to staff, non-recovery of
advances, non-posting of ledger accounts, non-retirement of touring advances
etc.

8. during their period of suspension till the final determination of their cases. A
decision to interdict or suspend an officer from officer becomes effective from
the date he is so informed in writing. When an officer is interdicted, he should
always be around except granted permission to travel. He must comply with any
instruction delivered to him in his residential address otherwise he may face
fresh allegation of absent without leave.
Reprimand: This has almost the same effect as written warning and it is
sometime titled as ‘Advice’.
Demotion: This is stipulated as punishment for any officer found guilty of
scrapping of government fixed assets and selling them at outrageously low
prices to perhaps enrich himself, splitting contracts in order to side track tenders
procedure, irregularly awarding contracts, falsification of records, alteration of
record etc.
Compulsory Retirement: An officer could be compulsorily retired from service if
it is found that he is declining in productivity or if he has become so inefficient
and ineffective as to become a liability to the system. Similarly, an officer could
be compulsorily retired if he suffers from persistent ill-health which warrants his
intermittent absence from duty.

9. Dismissal from Service: The severest punishment in the service is dismissal. A
dismissed officer on whatever form appointment forfeits all forms of
remuneration, be it gratuity, pension or even payment of salary in lieu of notice.
Moreover, a dismissed officer is most unlikely to be employed by any
government agency, parastatal etc in the future. Depending on the nature of
offence, an erring officer annual salary increment may be withheld or deterred,
or his salary may be reduced by a number steps. When a officer is to be
disengaged he needs to be given at least one month notice or be paid one
month salary in lieu of notice.
ISSUES THAT CAN CAUSE EMPLOYEES’ GRIEVANCES
In labour unionism, there are issues that can cause labour disputes. The issues
are listed below:
(i)Promotion (ii) Compensation/allowances (iii) Disciplinary matters
(iv) Leave (v) Supprannuation (vi) Supersession (vii) Transfer (viii) increment (ix)
Victimization (x) Unfavourable tax regime (xi) Shifting and overtime.
One key service matter that usually triggers labour disputes is
supersession/preferment in which case an officer is made to surpersed his
senior colleagues. Essentially, where supersession is allowed, seniority,
competence, performance evaluation reports etc are to be critically considered.

10. Collective bargaining is a discussion process between the union and
management that focuses on agreeing to a written point of views/decision to be
implemented and action to be taken.
Negotiation skills need to be acquired by the unionists, being a major tool
required for peaceful resolution of labour disputes. Whenever there is the need
to negotiate with the Authorities, the union leaders must ensure the method
adopted is able to produce wise agreement between the union and the
management and should improve or at least not damage the relationship
between the union and the Management. Of equal importance is the fact that in
bargaining and negotiation, the union leaders must insist on using objective
criteria while resolving labour disputes.
Indeed, collective bargaining has the advantage of settlement through dialogue
and consensus rather than through confrontation. Where connective bargaining
fails, the arbitrator may have to be invited to mediate. In that wise, the issues in
contention are resolved based on the decision of a third party, the arbitrator.
The current trends in collective bargaining include proper understanding of the
contentious issues, weigh properly the available options and alternatives, devise
strategy to articulate the union demands. At time, the union is required to set

11. In cases where junior colleagues of two or three years are favoured to
supersede the senior colleague, there are bound to be labour disputes.
DISCIPLINARY PROCEDURE FOR SERIOUS MISCONDUCT
The officer shall be notified in writing of the ground on which the disciplinary
action is to be taken against him/her.
The query should be precise and to the point.
It must be relate the circumstance of the offence, the rule and regulations which
the officer has broken and the likely penalty.
There should be fair hearing and allowance for appeal.
In the public service, there are procedures that permit subordinates to appeal to
a higher level when they feel their superior is treating them unfairly or not
satisfied with decision taken against them.
DYNAMICS OF NEGOTIATION AND COLLECTIVE BARGAINING IN LABOUR
UNIONISM
Negotiation and bargaining are roughly synonymous. Both emphasize a process
of discussion between parties in search of an agreed upon solution. Although
the connotation of “negotiation” puts more emphasis on the process of
conferring and bargaining connotes more attention to the underlying structure
of interests and how it may be modified through agreement.

12. up a negotiating team. Of course, the negotiating team, and the respective roles
of the members, should be determined before the negotiations. After entering
into agreement, there is the need to ensure its full implementation. Also,
lobbying, monitoring and consultations have to be made to ensure full
implementation of any agreement between labour union and the Authorities.
When agreement is reached between the union and the management, there
should be conscious effort to carefully study then details. Before the agreement
is signed, there should be proper interpretation of clauses which have potential
to result in ambiguities.
The signing of an agreement by the parties involved in negotiation and collective
bargaining does not automatically translate into its successful implementation.
Any time there is negotiation, the union representatives need to be aware that
the date of commencement of the agreement or its effective date of
implementation must be expressly agreed upon before signing of an agreement.
These are parts of issues we should also note as unionists.