Table of Contents

Table of Contents.......................................................................................................................1

1.0 Introduction.....................................................................................................................2

2.0 Labour strike action, it views under Nigeria law............................................................3

3.0 CAUSES OF STRIKE....................................................................................................5

3.1 Unfair Treatment.........................................................................................................5

3.2 Victimization...............................................................................................................6

3.3 Violation of Rule of Law.............................................................................................6

3.4 Demand for Higher Salaries/Wages............................................................................6

3.5 Inadequate Leadership/Management...........................................................................6

3.6 Poor Infrastructural Base in the Workplace................................................................6

3.7 Wrongful Discharge or Dismissal of Workmen..........................................................7

3.8 Withdrawal of Any Concession or Privilege...............................................................7

3.9 Poor Application of Provisions of Collective Bargaining...........................................7

3.10 Policy Inconsistencies and Variance in Management Styles......................................7

3.11 Show of Sympathy /Solidarity.....................................................................................8

4.0 EFFECTS OF LABOUR STRIKE..................................................................................8

4.1 EFFECTS ON THE ECONOMY................................................................................8

4.1.1 Microeconomic effect..........................................................................................8

4.1.2 Macroeconomic effect..........................................................................................9

4.2 EFFECTS ON EDUCATION.....................................................................................9

4.3 SOCIAL EFFECTS...................................................................................................10

4.3.1 Job Cut and Losses.............................................................................................10

4.3.2 Destruction of Properties....................................................................................10

4.3.3 Disruption of Crucial Activities.........................................................................11

4.4 POSITIVE EFFECTS................................................................................................11

4.4.1 Better Working Conditions................................................................................11

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 4.4.2 Improved Amenities...........................................................................................11

5.0 mitigation strategies......................................................................................................12

5.1 A Well-Defined Industrial Relations is inevitable....................................................12

5.2 Good Leadership and Motivation are indispensable.................................................12

5.3 Honouring Agreements.............................................................................................12

5.4 Prompt Payment of Salaries and other emoluments are imperative..........................12

5.5 Relating with Other Organizations in the Same Industry is essential,......................13

5.6 Tone down the oligarchy...........................................................................................13

5.7 Empathy.....................................................................................................................13

5.8 Attitude......................................................................................................................14

5.9 Worker autonomy......................................................................................................14

5.10 Employee safety........................................................................................................14

5.11 Labour Inspection......................................................................................................15

5.12 Arbitration.................................................................................................................15

5.13 Awareness raising......................................................................................................16

5.14 Workplace cooperation..............................................................................................17

5.15 Collective bargaining.................................................................................................18

References................................................................................................................................18

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1.0 Introduction

Work activities do not take place in a vacuum but within a well organised work context, it is

imperative that harmonious relationship between the employers and employees is kept

balanced, because any tilt to balance could lead to distortion of the harmonious relationship

which invariably affects virtually everyone (employers, employees, government, consumer of

goods and services provided) and everything. The two parties involved in the interaction are

the workers (employees) on one hand and the employer(s) on the other[ CITATION Bor05 \l

2057 ]. Realizing the organizational goals which is paramount to the employer is achieved by

primarily engaging workers (employees) who chose to work (against pleasure) because they

expect that such employment will help in fulfilling their aspirations. Thus, if any of these

beliefs are not met there is reduction in expectation [CITATION OSA06 \l 2057 ] which might lead

to the matter of discussion here.

Since Governments are the grand employers of labor, even in non-welfare states, strikes are

most often used by workers in calling government’s attention to a demand or set of demands,

and at any point that the organized work force feels the government is adamant, it mobilizes

for a show down.

In Nigeria, the Nigerian Labor congress is the legitimate labor union agency saddled with the

responsibilities and duties of negotiating with the government for all intents and purposes

bearing on upholding the dignity and wellbeing of the workforce. This encompasses both

private sector and public service workers. Strikes can be partial (e.g warning strikes) or total,

and can also be within a particular sector, or generalized, depending the motives and level of

grievance for which redress is sought.

This paper is targeted at explaining labour strike relating it to national laws, it further

explains the causes, effects and provides mitigation strategies to labour strike.

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2.0 Labour strike action, it views under Nigeria law

What is Labour Strike?

It is a deliberate stoppage of work by workers in order to put pressure on their employer to

accede to their demands.[ CITATION Ahm14 \l 2057 ]. Strike is defined by the Business

Dictionary as collective, organized, cessation or slowdown of work by employees, to force

acceptance of their demands by the employer [CITATION htt \l 2057 ]. Technically it has been

defined in Nigeria constitution as the cessation of work by a body of persons employed acting

in combination, or a concerted refusal or a refusal under a common understanding of any

number of persons employed to continue to work for an employer in consequence of a

dispute, done as a means of compelling their employer or any persons or body of persons

employed, to accept or not to accept terms of employment and physical conditions of work;

and in this definition: -

(a) “cessation of work” includes deliberately working at less than usual speed or with less

than usual efficiency; and (b) “refusal to continue to work” includes a refusal to work at usual

speed or with usual efficiency.”[ CITATION Law90 \l 2057 ]

Labour strikes are a means of balancing power between the employer and the workers.

[ CITATION Waa12 \l 2057 ] . Whenever labour strike action is mention, preference is given to

the employees leaving out the fact that employers can protest too. [ CITATION Ahm14 \l 2057 ]

clear spells it out that in a situation where one of the parties is denied the right; the employer

uses lock out while the employee uses strike action. This confirm that labour strike is a two

sided coin.

However, Ahmed opined that the right to strike is an essential element in the principle of

collective bargaining and to protect this right the approval or disapproval of its exercise in

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any particular withdrawal of labour is not of importance than to recognize the fact that limits

have to be set on the right to strike and lock out in order to control the process. The view of

labour strike under law varies, according to Waas, [ CITATION Waa12 \l 2057 ], No national

laws on strike action are alike because the way each national laws looks at labour strike

differs. He went further to report that labour strike should be a collective bargaining between

employers and employees and should not be left to the autonomous decision-making of trade

unions. Also pointing out that If the right to go on labour strike is limited to labour unions

then the case might be that only members from those unions actually enjoy the right to strike.

3.0 CAUSES OF STRIKE

The working environment involves a two-way interaction between employers and employees.

Each party is expected to fulfil its obligation to ensure a continuous working relationship.

Deference in such expectations usually results in strike actions. This write- up states and

examines the various causes of strike actions in a working environment. The following are

causes of strike actions:

i. Unfair treatment

ii. Victimization

iii. Violation of rule of law

iv. Demand for higher salaries/wages

v. Inadequate leadership/management

vi. Poor infrastructural base in the workplace

vii. Wrongful discharge or dismissal of workmen

viii. Withdrawal of any concession or privileges

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 ix. Poor application of provisions of collective bargaining

x. Policy inconsistencies and variance in management styles

xi. Inter-professional issues

xii. Show of sympathy/Solidarity.

xiii. Conflict of opinions

xiv. Low level motivation/stringent working conditions

xv. Job insecurity

3.1 Unfair Treatment

This results when workers feel that they are unfairly treated by their boss/employers

compared to how they perceive they should have been treated or how their colleagues are

being treated elsewhere in terms of condition of service.[CITATION JAA15 \l 2057 ]

3.2 Victimization

A cause of strike actions by workers who feel exploited for reasons ranging from gender,

race, religion, tribe and nationality. [CITATION Mar031 \l 2057 ]

3.3 Violation of Rule of Law

Organizations, both public and private bodies have statutory laws governing the roles and

conduct of workers, once there is a breach that may seem to adversely affect the well-being

of workers, a strike action may ensue.[ CITATION JAA15 \l 2057 ]

3.4 Demand for Higher Salaries/Wages

Longer working hours, targets to be achieved and inflationary trends in the economy incite

workers to demand increased salaries when they realize that their present wages cannot help

6
them make ends meet and refusal to meet their demands ends up in a strike action. (Oleribe et

al, 2016)

3.5 Inadequate Leadership/Management

Poor leadership and insensitivity of management to the welfare of the workers when

complaints and objections are raised usually bring about a stalemate. (Oleribe et al, 2016)

3.6 Poor Infrastructural Base in the Workplace

Unavailability of standard infrastructure to aid workers in achieving their set objectives and

to create a conducive environment may lead to strike action. An example is the Academic

Staff Union of Universities (ASUU) strike in 2013 calling for the standard infrastructure in

all universities nationwide.[ CITATION JAA15 \l 2057 ]

3.7 Wrongful Discharge or Dismissal of Workmen

Wrongful discharge or workers’ layoff may lead to strike actions by other workers who feel

such actions may adversely affect them, if not contested.

3.8 Withdrawal of Any Concession or Privilege

When organizations decide to cancel certain privileges or concession like bonuses,

allowances, travel holidays, health insurance etc., initially enjoyed by workers, with time the

result could be an industrial action by the workers.

3.9 Poor Application of Provisions of Collective Bargaining

Could induce a strike action when agreements between employers and workers or their

representatives on handling issues like benefits, compensations, grievances and rules for

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handling conflict are not adhered to or are addressed half-heartedly. [ CITATION Mar031 \l

2057 ] (Mcmuire, 1992).

3.10 Policy Inconsistencies and Variance in Management Styles

Failure of management to be consistent when handling issues regarding workers could readily

bring about a strike action. For instance, frequent change in management policies and styles

upsets the work force as workers tend to see it as a deliberate effort to frustrate them.

(Osabuohien & Ogunriola, 2008)

3.11 Show of Sympathy /Solidarity

To show solidarity to workers in a particular industry who were laid off or exploited, workers

in the same or another sector may call for an industrial action in their industry to show

support to their affected colleagues.[ CITATION Eze141 \l 2057 ]

4.0 EFFECTS OF LABOUR STRIKE

An Industrial strike injures not only the party against whom it is directed but the society as a

whole. The larger the number of workers involved the longer the duration of strike and the

more essential a commodity or service is the more widespread will be the effects of

strike. Stakeholders affected by labour strikes are as follows

- Workers/Employees

- Employers

- Government

- Society

Industrial strikes entail both economic as well as non-economic costs for the employer

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 4.1 EFFECTS ON THE ECONOMY

The effects of industrial crisis that normally result when the workers and employers are

unable to reach a resolution are not usually beneficial to the economy. The effects have both

micro and macro implications.

4.1.1 Microeconomic effect

At the microeconomic level, the workers of the unions involved lose their immediate pay and

hence their standard of living and market purchasing power drops which results to reduction

in welfare. From the Employers angle, the employer whose workers are on strike loses the

union services and as a result becomes unable to meet their customers’ orders; this

invariably affects their returns and profit margin.

4.1.2 Macroeconomic effect

At the macroeconomic level, it results to loss of output of goods and services. Since most

firms are interdependent there is therefore a linkage effects, other firms that use their

products as inputs are affected and their production hampered. At the long-run the society

are part of those that bear the brunt. This is usually captured by man-days-lost for the purpose

of empirical evidence. For instance, in 2002 it was estimated at over 5.5 million naira (CBN)

4.2 EFFECTS ON EDUCATION

Labour strikes have touched the educational sector too. Strikes in educational sectors have

various negative effects, it decreases the quality of education as the courses are not completed

properly. Teachers of secondary level have to finish all the courses no matter what

The effects of industrial crises are usually more severe when it affects higher institutions.

This is because when they suffer protracted industrial crisis, students are tempted to study

9
mainly to pass as against the tradition of studying for knowledge acquisitions. This affects

academic performance and standard of education in the country. In some cases the higher

institutions lose a whole academic year as a result of the unresolved industrial crisis. For

instance, the industrial action between the Federal Government and Academic Staff Union of

Universities-ASUU lasted for six full months in 2003, which made. This is a great loss for the

students as they spend more both in terms of direct costs and the opportunity cost of being in

school. Their parents and guardians are not left out in the pains as they suffer some dashed

aspirations of their children/wards’ graduation. Above all the society loses with respect to

the quality of human capital formation.

4.3 SOCIAL EFFECTS

Labour strikes causes the loss of mental peace, respect and status in the community which

cannot be calculated in terms of money.

Some other adverse effects of a strike on the workers are the loss of wages, and fringe

benefits contracting of debts, personal hardships and loss of employment. A few of these

effects under this category are discussed below

4.3.1 Job Cut and Losses

In situations where an employee strike has not been properly sanctioned, employers may

decide to take stern action against all who participate in labour strikes. Some employees may

be let off with a warning and in extreme cases, staff may be laid off. This leaves families

without a source of income[ CITATION Lam17 \l 2057 ]. Desperation eventually sets in, with

some people becoming homeless due to failure to pay rent while others turn to crime.

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 4.3.2 Destruction of Properties

Labour strikes are climaxed by peaceful demonstrations where aggrieved employees carry

placards and walk in the streets to seek attention to their grievances. However, such

demonstrations sometimes turn violent upon confrontation with the police or when Hoodlums

take advantage of strike actions to disrupt the community infrastructures, some striking

workers become jobless and in search for extra income engage in so many activities that are

dangerous to the social welfare of the community.

4.3.3 Disruption of Crucial Activities

Transportation and health services are some of the essential services in any community.

Demonstrations by striking employees lead to blocked traffic routes or slow traffic

movement. A labour strike by rail employees paralyzes transport leading to people missing

work or children failing to attend school. Such absenteeism is costly to the economy. A strike

by health workers may lead to the death of patients at a major hospital.

4.4 POSITIVE EFFECTS

Though Labour strikes pose a lot of threats to stakeholders concerned but there are some of a

few positive effects it has on these stakeholders

4.4.1 Better Working Conditions

As a result of a strike, employers are made more aware of their employees' working

conditions and employee rights. Issues that employees have bottled up are brought to the

open. In view of this, an agreement is arrived at between the management and union leaders.

Better terms are offered including increased wages[ CITATION Lam17 \l 2057 ]. This results in

better working and living conditions for the entire community.

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 4.4.2 Improved Amenities

Labour strikes sensitize corporate firms on the need to improve infrastructure in the areas

they operate from. Industrial firms may be compelled to control harmful emissions or repair

damaged roads in their areas they operate. Labour strikes can also lead to building of more

schools and health facilities that will benefit the community.

5.0 mitigation strategies

5.1 A Well-Defined Industrial Relations is inevitable

industrial relations provide a legal basis for the conduct of labour -management relationship.

Every organization should readdress its industrial relations, Provisions must be made for the

rights of the employee, the registration and conduct of trade unions and employee

association, strikes and lock- outs, the reforms of collective bargaining.

5.2 Good Leadership and Motivation are indispensable

leadership and motivation that are based on the internal and external environments will

strengthen the labour- management relationship thus reduce strike frequency. To achieve

these employers:

- Must learn to carry employees along;

-Set clear moderate achievable goals;

- Take calculated risks desires feedback on performance;

- Adopt incentive pay method, which is more effective motivator than straight salary

5.3 Honouring Agreements.

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Agreements are meant to be honoured; once an agreement is reached between an employer

and the employees the parties must work hard to meet the obligation.

5.4 Prompt Payment of Salaries and other emoluments are imperative

The payment of salaries and other entitlements is highly essential and can be achieved with

the following:

i. Budgets, stating reliable sources of recurrent expenditures,

ii. Adequate cash management, credit terms must recognize payments of salary period;

iii. Revolving overdraft facility can be arranged with a financial house.

5.5 Relating with Other Organizations in the Same Industry is essential,

sympathy strikes 'do occur in Nigeria. This is a situation where by a group of trade unionist

and not in dispute with their employer(s) in support of and in sympathy for strikers in a trade

dispute. When there is strike in one organization, the organizations without strike should

show sufficient understanding and concern quickly ill order to avoid a sympathy strike.

5.6 Tone down the oligarchy.

in a company's best interest to discard the traditional rigid demarcation between management

and labor. This is an old model that can lead to resentment and leave employees feeling they

have no say in management decisions. Better business process management technology and

organizational structures can go a long way toward removing these barriers.

"Today, layers of management can be eliminated because workers are more dedicated to

managing their own processes,"[ CITATION Tra13 \l 2057 ]

5.7 Empathy

13
Consider that the qualities that make great executives -- an aggressive, tenacious personality

that will not negotiate or yield -- are unlikely to create resolutions in labor disputes. A sense

that management simply doesn't care often causes labor unions to take a similar stance, which

leads to stalemates. Organizations that apply empathy and a fine touch to prevent strikes will

likely be more successful. This is where trained mediators can serve an organization well.

5.8 Attitude

Approaching a potential strike as more of a problem to be solved than a battle to be won will

help companies begin the negotiations in the right frame of mind. Workers want to be

respected for the contributions they make to the company's overall success. What they don't

want is to be considered a "bottom-line cost" when they are the ones making the product for

the marketplace. It's an arrogant attitude on the part of company management that stirs

resentment.

5.9 Worker autonomy

Technology can do much to ensure that work continues at expected quality and quantity

levels without micromanagement. workers prefer to feel they are in more control of their day-

to-day jobs. Workers can take the initiative to excel for reasons of personal accomplishment

rather than a fear of punishment. Employees don't work for money only. They also work for

what iconic psychologist Abraham Maslow called "self-actualization," and helping them

achieve it can go a long way toward boosting employee satisfaction.

5.10 Employee safety

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Workers who see their employers are doing everything possible to keep them safe and

healthy feel more valued than workers who see evidence that they are on the losing side of a

cost-benefit analysis. If there is a need to cut costs, this is never the place to do it. "There

must be an ongoing process that monitors safety conditions and a response program in place

when something is discovered that can cause an injury, illness or death,"

The most effective approach to preventing strikes is to ensure that workers feel like they have

a voice in the workplace. If there is a problem, they want to be heard and know there is a

process in place to resolve it. One of the best long-term strategies for strike prevention,

however, is remembering that it can't be crunch time all the time.

"Companies never hesitate to ask for concessions when times are tough,"

5.11 Labour Inspection

Labour inspection is concerned with the protection of the nation’s labour resource with

regard to working conditions (wages, hours of work, allowances, leave, and other

entitlements) and the working environment (particularly the safety and health of workers with

regard to machine safety, the safe handling of materials, the safe use of equipment, fire

safety, and the general working environment including temperature, humidity, noise, light

and dust levels.)

Generally, minimum standards for both working conditions and the working environment are

established by laws and regulations. Labour inspection is concerned with ensuring

compliance with the law through educating employers and workers on the content of laws,

advising employers and workers how to comply with the provisions of the law, and enforcing

laws and regulations by imposing sanctions and penalties in cases of non-compliance

15
Increasingly, labour inspection is being promoted as a means to prevent disputes, to improve

working conditions, and to protect workers. Labour inspection is placing increased emphasis

on compliance and cooperation, rather than strict enforcement and penalties.

5.12 Arbitration

Under arbitration, an independent third person, or group of persons, considers the arguments

of both sides under the dispute and then takes a decision that is normally, but not always,

binding on the parties. The arbitrator hears evidence from the disputing parties and although

he/she may ask questions and seek clarifications, the arbitrator’s role is ‘to arbitrate, not

advocate.’ In other words, the arbitrator does not help either party make or present its case,

but simply gives a decision or makes an award on the basis of the evidence presented.

Arbitration can be either compulsory or voluntary. Voluntary arbitration exists where the

parties agree to submit a dispute after it has arisen to arbitration for settlement. Alternatively,

the parties may agree under a collective agreement to submit any disputes that may arise to

arbitration for settlement. In this case, the parties have voluntarily agreed to use arbitration

and, in the event of a dispute arising are obliged to use it. It is possible for arbitration to be

done by government officials or private individuals. If the disputing parties agree, there is no

reason why they cannot appoint a private individual if they wish.

5.13 Awareness raising

All workers and employers, and their representatives, that falls under the jurisdiction of the

Labour Law need to be aware of its content and related regulations. This extends beyond

knowing what the law actually means, to include an understanding of the fundamental

16
purpose and intent of its main articles. In addition to workers and employers, other parties

must be informed on the content of labour legislation including judges, lawyers, potential

investors, and school leavers. As well as information on labour legislation, information must

also be made available to all interested parties concerning judicial decisions and arbitral

awards. Prime responsibility for raising awareness on labour legislation rests with the

Ministry but employers’ organizations, trade unions, individual enterprises, NGO’s and the

media all have an important role to play.

Improved knowledge and understanding of the law and related matters will reduce many

disagreements between workers and employers that arise simply because one, the other, or

both parties, do not know the laws that govern their interactions.

5.14 Workplace cooperation

Workplace cooperation initiatives in which management and workers undertake to assume

greater responsibility for their interactions, without government or external interventions.

Some enterprises through their own initiative have taken specific steps to improve workplace

cooperation at enterprise level with a view to preventing disputes and, in the longer-term, to

contribute to increased productivity and improved competitiveness.

It is necessary, however, for these positive experiences to be replicated as widely as possible.

This require that the Ministry in cooperation and consultation with employers’ organizations

and trade unions, and other interested parties play a role in encouraging improved workplace

cooperation, not through legal interventions but, rather, through information, advice,

encouragement, and the demonstration of successful cases.

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This will require a new approach to employer-employee relations, with an emphasis on

dispute prevention rather than dispute resolution and settlement. This requires that Ministry

officers, and employer and worker representatives be trained to enable them to promote the

benefits of workplace cooperation. Improved workplace cooperation requires a clear

understanding by workers and employers of the cultural environment in which their

interactions take place. As well as disagreements and conflict over legal and economic issues,

cultural differences between managers and workers must also be considered. Workplace

cooperation initiatives provide an opportunity to identify and accommodate cultural

differences and prevent small incidents from escalating into major conflict.

5.15 Collective bargaining

Collective bargaining is concerned with negotiations between groups of workers and an

individual employer or group of employers over the terms and conditions of employment and,

indeed, over a wide range of issues arising out of the work situation, with a view to the

parties reaching a mutually binding and legally enforceable agreement. Collective bargaining

is not only a means for setting above minimum terms of employment. It is also important for

settling disputes where the parties have included a dispute settlement procedure as part of

their collective agreement, for establishing and maintaining peace and harmony in the

workplace, and for enhancing enterprise productivity and competitiveness

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preventing-a-worker-strike

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