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CHAPTER SIX TRADE UNIONS IN NIGERIA

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 CHAPTER SIX
TRADE UNIONS IN NIGERIA

O. U. OPARA, I. S. AUSTIN-EGOLE, & V. AWAR

Introduction

The Eighteenth (18th) century scientific development ushered in Industrial Revolution that transformed
from agrarian culture with craft-based production to that molded by the mechanized Industrial
Revolution. Novel work methods and downward pressure on traditional wage structure were brought
by the revolution. Following the history of philosophy, trade unions are seen as successors to the guilds
of medieval Europe.

The genesis of trade union can be linked to the rapid expansion witnessed in industrial society of 18 th
century Britain, which pulled not only men, women and children, but also rural workers and immigrants
into new roles in the workforce in immense numbers. With Industrial Revolution, both skilled and
unskilled labour spontaneously organized in groups and started to organize them as a trade union
throughout its beginnings (Fashoyin, 2005).

The emergency of Industrial Revolution helped and brought the idea of labour or trade unions. In this
chapter, an overview of the historical and philosophical perspective of trade union, the meaning of trade
union, its roles, objectives and benefits were discussed. Also, the history of trade union in Nigeria was
captured. The concept of collective bargaining, its aims and government intervention in trade dispute
were also discussed.

History and Philosophy of Trade Unions: An Overview

Britain is acknowledged as the original place where trade unionism started based on the premise that
the advent of Industrial Revolution in Britain at about 1760 contributed to the circumstances for the
sprouting of trade unions. Before that time, craft men such as tailors, printers and shoemakers, though
generally small and scattered, existed in various towns and established local clubs and craft unions,
(Sunmonu, 1996). It was the growth of factories accelerated by the use of water power and later steam
power that aided the emergency of trade unionism, as we know it today. Factory employment grew as
cottage industries began to dwindle due to the exodus of villagers into towns sprouting up around a
factory or groups of factories in search of employment.

These groups of workers, men and women, as succinctly put by Victor Feather in Sunmonu (1996), in
his book “The Essence of Trade Unionism”, that stated:

Men slaved night and day for a meager livelihood. Children became wage
earners at five years of age and were carried to work by their parents to toil
twelve hours a shift, day or night. In thousands of cases, homeless and
orphaned children worked, ate and slept in the factory premises, if they die
at work, as many did, their bodies were thrown into limpets that are kept
open for the purpose (Feather, 1974: 117).

The same happened in the newly opened coal mines and in the steel works. This was the situation that
led to the growth of trade clubs, which were small, local and confined to one trade or occupation. It
was difficult for members to meet the way they used to meet in each other’s houses and hillsides out of
town. Their discussion centered on conditions of work, wages, benefits, hours of work etc. In the bid
to help themselves, they initiated sick and burial funds to help those of their members in need
(Sunmonu, 1996).

Gradually, these “trade clubs” began to link up with their counterpart organizations in the other areas
to the formation of loosed federations. This culminated in the formation of a national federation by the
hatters in 1771 (Charlywood, 2004). First, the employers and later successive government became
apprehensive of this trend as the federations developed and became stronger. In 1799, the British
parliament passed combination laws banning trade unions and making it illegal for any group of
workmen to combine together for any purpose relating to employments. In order to give the Act of
1799 an appearance of fairness, according to Victor Feather, “there was a similar ban on employers,
but it was easy enough for two or three employers to meet socially without causing any comment, and
there reach a ‘gentleman’s agreement’ on wage rates and then impose these rates without fear of
resistance from their workmen as organization was unlawful”.

In spite of the law, workers protested and resisted. Many were prosecuted and made to serve stiff prison
terms. Long hours of work, rising prices, degrading living and working conditions, low wages,
demotion of skilled craft men to unskilled workers, bad housing etc. led to stoppage of work (strikes,
lockouts, resentment and violence). Widespread strikes took place in textile industry in 1808 and in the
mines in 1810. The combination law was consequently repealed in 1824, after 25 years of enactment.
In 1825, another Act was passed in parliament which gave legal recognition not only to the right for
collective bargaining but also to the right to strike and the right to pay union dues (check-off-dues).
This marked the inception of the legal history of trade unions in Britain and its subsequent spread to
other parts of the globe. It is pertinent to note that though the British government preferred political
activism, which eventually led to the formation of Labour Party in 1906, American Unions went for
collective bargaining as an avenue for winning economic gains for their workers (Jrain, 2019).

Why was Trade Union Formed?

The philosophy behind its formation was that unions basically endeavour to ensure that earnings and
work conditions are controlled by rules which are consistently applied across their membership; the
fact notwithstanding that some unions such as professional associations may have broader social and
political aims. The basic purpose therefore, is to regulate the terms and conditions of employment of
workers. Unity is strength; individual workers, no matter how intelligent or strong while acting
individually cannot successfully prevail against the employers (Fajana, 2007). The workers believe that
there is unity in solidarity, which is the actual essence of trade union. It is solidarity that makes trade
union unique. According to Croucher (2003), the trade union slogan is, “an injury to one worker is an
injury to all workers”. If unity and solidarity are removed from trade unionism, there will be nothing
left of it (NLC, 2005).

Meaning of Trade Union

Different scholars have given various interpretations of trade union. But, it has become traditional to
classify unions into types, according to the constituency from which they recruit in the following ways:

• Craft (exclusive to skilled workers),

• Occupational (all workers in an occupation regardless of industry),

• Industrial (all workers in an industry regardless of occupation),

• General (amalgamation of occupational and industrial organizations),

• Enterprise (all workers in a single company or plant).

• Trade union(s) may be composed of individual workers of professionals and past workers.

In every policy and economy, there are defined organizations as bodies that operate in the context of a
nation-state. These aggregate of organizations composed the organized bodies of workers either private
or public. These are legally employed to work and boost the economy of the nation-state. However,
since the legal recognition of trade unionism (1825), the well-known historical view is that trade union
“is a continuous association of wage earners with the main aim of maintaining or improving the
conditions of their employment’’ (Charlywood, 2004).

Trade union, also known as labour union, is the association of workers in a specific industry, trade or
company established with the aim of securing advancement in working conditions, pay benefits or
social and political status through collective bargaining (Jrain, 2019;
https:www.britanical.com/topic/trade-union). In this sense, trade union is seen as any organization of
employees established in order to swap collective bargaining for individual bargaining in the labour
market. Furthermore, trade union is an organization of workers who have come together to achieve
many common goals such as protecting the integrity of their trade and improving safety standards. It is
a member based organization and its membership must be made up mainly of workers. One of the trade
union activities is to protect and promote the interests of her members in the workplace (Adesina, 2003).
Trade union is summarily a well-structured association of workers in a trade, group of trade or
profession, established to protect their rights and interests, bearing in mind that workers have little
bargaining capacity when they are unorganized.

Roles of Trade Unions

The main roles and activities of trade unions vary, but may include:

• Provision of benefits to members: Trade unions help to provide professional training, legal
advice and representation for members.

• Collective bargaining: Where trade unions are able to operate openly and are recognized by
employers, they negotiate with employers over wages and working conditions.

• Industrial action: Trade unions organize strikes or resistance to lockouts in furtherance to

particular goals.
• Political activity: Trade unions promote legislations favorable to the interests of their members
or workers as a whole. To this end, they may pursue campaigns, undertake lobbying, or financially
support individual candidates or parties (such as the Labour Party in Nigeria, Britain) for public offices
(NLC, 2005).

Furthermore, the roles of trade unions include the following:

• Providing security for the union members and keeping check over the employment and
termination of member workers' employment.

• Assisting the management in redressing member workers grievances at auspicious levels.

• Ensuring that any unsettled dispute/matter is referred for arbitration.

• Negotiating such matters as wages, hours of work, medical facilities, fringe benefits and other
welfare schemes with management.

• Trade unions help to develop cooperation of their members with the employers.

• Awakening of public opinion in favour of labour/workers (NLC, 2005).

The trade unions are also very perturbed about both the political and economic life of the country;
hence whether acting alone or in conjunction with students, communities and social movements, the
trade union remains a major centre of people’s power.

Objectives of Trade Union

According to George, Owoyemi and Onokalu (2018), the objectives of trade unions involve the
following:

• Securing better wages for the workers thereby improving their economic lot.

• Securing bonuses for their workers from the profits of the organization/enterprise.

• Ensuring stable employment for workers by resisting the schemes of management that are aimed
at reducing employment opportunities.
• Provision of legal assistance to workers caught up in disputes regarding work and payment of
wages.

• Protection of workers against retrenchment and lay-offs etc.

• Ensuring that workers get provident fund, pension and other benefits as stipulated by the rules

• Securing better safety and health welfare schemes for the workers.

• Securing effective participation of workers in management.

• Inculcating self-respect, discipline and dignity among member workers.

• Ensuring uniform opportunities for training and promotion.

• Ensuring organizational efficiency and optimal productivity.

• Generating a committed industrial workforce for improving productivity of the system.

Benefits of Trade Union

Also, Aiyede (2004) stated some reasons why workers join trade unions which are:

• Union provides a worker better opportunities through which he can better achieve his objectives
with the support of his colleagues instead of acting alone.

• Trade union protects the economic interest of the workers and ensures a measurable wage rates
and wage plan for them.

• Trade unions help the workers to get certain amenities in addition to higher wages.

• In certain cases, trade union also provides cash assistance at the time of sickness or some other
emergencies.

• Trade unions organize negotiations between workers and management and are instrumental for
settlement of disputes.

• Trade unions are beneficial to employers as they organize the workers under one banner and
encourage them to follow peaceful means for getting their demands.
• Trade union imparts self-confidence to the workers as they feel that they are important and
integral part of the organization.

• Trade union provides platform for promotion and training and also helps the workers to go to
higher positions.

• Trade union ensures stable employment for the workers and opposes management motive to
replace the workers with automated machines.

• A trade union assists workers with the opportunity to participate in the management and oppose
any decisions which adversely affect them.

Trade Union Structure and Organization

According to Yusuf (2009), the structure of any trade union is determined by the following:

• The history of its formation,

• Its membership and coverage, and

• The nature, whether it is craft, industrial, professional or general union.

The Nigerian Medical Association (NMA), National Association of Nigeria Nurses and Midwives, and
Nigeria Union of Journalists (NUJ), for instance, are professional unions. Only those qualified in
medicine, nursing/midwifery and journalism can belong to these three industrial unions. Unions like
Agricultural and Allied Workers Union of Nigeria and Academic Staff Union of Universities (ASUU)
are general unions while unions such as National Union of Textile Garment and Tailoring Workers are
industry- based unions for workers of textile and clothing industries.

The highest organ of any trade union organization is its Congress which elects the leadership of the
organization (the executive committee or board). The congress amends the constitution and gives the
policy direction of the organization. The Executive Committee or Board supervises the day-to-day
administration of the union secretariat or headquarters which, in most cases, is under the Secretary-
General or Executive President of the union. The secretariat or headquarters coordinates the
administration of all the regional, state or zonal branches of the union, as the case maybe. Also, at the
union secretariat is the Headquarters, and there are departments such as administration, education,
research, finance, economics, information, international etc. depending on the strength, spread and
purpose of the union (Yusuf, 2008).

These departments are headed by fulltime trade unionists, with committees made up of elected members
directing and supervising the activities of the departments. The role of the committee members of the
different departments (who are workers of the union), is very crucial, as they guide and recommend
policies to the Executive Committee or Board, depending on its own good judgment (Sokunbi,
Jeminiwa and Onaeko, 1996).

The committee method of running trade union department leads to better internal democracy within the
trade unions. This will encourage popular participation, empowerment and acquisition of experiences
by the members of the union, which will prepare them for future leadership of the union. The African
Charter of Popular Participation in Development (Arusha 1990) is also applicable to trade union
democracy. The Charter embodies accountability, popular participation, social and economic justice,
empowerment of the people, partisan and non-partisan involvement, respect for human and trade union
rights and the rule of law (NLC, 2009).

Furthermore, Abu (2007) opines that trade unions, as part of the civil society, have inalienable right to
participate in the politics of their countries. Social, political and economic decisions of governments
affect all the citizens of their countries. So, all the citizens of a country have the right to be actively
involved in all decisions that affect every facet of their lives. As to the question of trade unions in
partisan politics, that will depend on the objective conditions and realities of the country. However, a
few examples outside and within Africa can give us a guide.

For trade union democracy (industrial democracy) to thrive, there should be participation in
management by workers and empowerment in the running of their unions. Their elected and appointed
leaders should be accountable to the union. In addition, the union should ensure fairness and equity to
all its members, whether elected or appointed, and all of them should uphold the constitution of their
union (Yusuf, 2009).

Trade Union in Nigeria

Trade unions and trade unionism in Nigeria are said to be part of the legacy of colonialism by British
authorities (NLC, 2005). The trade union movement started as a result of British industrial capitalism
that came with and expanded the profit seeking activities across the country. Between the late
nineteenth (1800s) and early twentieth century (1900s), British capitalists established industries with a
peculiar civil service structure that created administrative control of the country. All over the world,
trade unions had always represented the vanguard of working class interest against capitalist
exploitations (Nwoko, 2009).

In Nigeria, such capitalist exploitations with its attendant increase in the labour force created same
vanguard of working class interest and resultant disputes between the workers and the colonial
government (Fashoyin, 2005). Wage workers who were engaged in place of the forced labour
previously used by the colonialists were employed under terrible conditions and for very low wages.
According to George, Owoyemi and Onokala (2018), within such capitalist exploitations there was
glaring colonial discrimination of Nigerian workers in the colonial service. For instance, no Nigerian,
however qualified was able to rise to the position of senior service in the colonial administration. Even
those who qualified in medicine with their counterparts in the same universities could only attend to
the post of Assistant Medical Officer (Damachi & Fashoyin, 1986).

According to NLC (2005), the origin of trade unionism in Nigeria was born out of workers bid to stop
capitalist exploitations as well as improve both their conditions of service and their treatment with
respect and dignity. This shows that trade union movement in Nigeria emerged as a result of the efforts
of workers to seek improvement of existing work conditions through collective actions/resistance as
was being practiced in other parts of the world. Thus, the first formal trade union known as the Nigeria
Civil Service Union that was characterized by wage employment in Nigeria was established on 19th
August, 1912 (Nwoko, 2009). The Nigeria Civil Service Union, however, was not recognized and
therefore suffered harassment by colonial employers until 1938 when the Trade Union Ordinance was
enacted which hitherto paved the way for the registration of trade unions in the country
(tunionigeria.org.ng/the-story-of-trade-unionism/).

However, according to Aiyede (2004), the aims and purpose of trade unionism during colonialism in
Nigeria were:

• To mobilize their members to struggle for the improvement of their conditions of employment.
• To form a movement that had the tradition to protect and advance the fate of Nigerian workers
and contribute to national development efforts.

• To form a movement that could help to end colonial rule.

• They collectively fought against British colonialism.

• The Nigeria trade union had fought in the forefront in the struggle for national independence.

• Trade unions proved their dedication to the nation and demonstrated patriotism in the process
of decolonization.

• Formed to have representation of workers in the regulation of wages and working conditions
within the industrial relations in Nigeria organizations.

Before February 28, 1978, Nigeria’s labour scene was chaotic (Omotunde, 1985). There were four
major centers sharing the loyalties of more than 1,000 disruptive house unions. The centers were
Nigerian Trade Union Congress (NTUC) led by Wahab Goodluck; Union Labour Congress of Nigeria
(ULCN) led by Yunusa Kaltungo and E.O. Odeyemi; Labour Unity Front (LUF) led by Michael
Imoudu and A. A. Ishola; and, Nigerian Workers Council (NWC) led by T. Chukwura and A. Ramos
(Omotunde, 1985).

Each of these unions went its own way because they were appendages of powerful international labour
unions separated by ideology. The NTUC was affiliated to the communist-backed World Federation of
Trade Unions (WFTU) while ULCN enjoyed the sponsorship of Capitalist International Confederation
of Free Trade Unions (CICFTU). The NWC belonged to the camp of Roman Catholic- dominated
World Confederation of Labour (WCL). This division continued until 1975 when the workers
themselves at Apena cemetery that re-examined their division on ideological grounds after inevitable
meeting there to bury the late Comrade Oduleye in 1975. They agreed to dissolve all the four labour
centers and unite to form one virile labour centre. This came to be popularly known as the “Apena
Unity Declaration”.

To actualize this “Declaration”, a five man labour restructuring administrative panel was set up. The
panel constituted Comrades Michael Abidoun as chairman, Sanni Dasida, A. Emodi, Shonubi E. and
Dangiwa, A. as members (Soji, 1985). It was this labour restructuring administrative panel’s
recommendations that led to the epoch unification of delegates’ conference of February 28, 1975, at
Mapo Hall, Ibadan (Omotunde, 1985). With back up of Decrees 21 and 22 of 1978, the birth of the
Nigeria Labour Congress (NLC), as it is today, came to be. The numerous house unions were reduced
to 44 industrial unions (Omotunde, 1985).

COLLECTIVE BARGAINING

Trade unions, as we already know, are voluntary organizations formed to represent workers’
interests. Yusuf (2006) posits that industrial relations activities commence as soon as a worker
joins a trade union. Hence, we cannot talk about trade unions and collective bargaining without
briefly talking about industrial relations. Anyim, Ikemefuna and Ekwoaba (2012) aver that the
major problem associated with understanding the term industrial relations is that there is no one
generally satisfactory definition. Akpala (1982) defines industrial relations as:

the web of activities involving the interactions between employers/managers

and their organizations, the employees and their organizations, the joint
agents of the two, and the government either as a party or an umpire or both
in the regulation of employment relations (Akpala, 1982: 29).

From the definition, it can be deduced that this relationship can be either bi-partite (between two
parties) or tri-partite between three key parties including workers (represented by their unions),
employers and government (Anugwom, 2010) and varies across private enterprises, industry and
national levels. In industrial relations, two extreme perspectives are dominant - consensus and
conflict and the extent to which interests are harmonized and satisfied determine the extent to
which the organizational climate/environment is conducive for both team work and maximum
organizational progress. Otite (2001) avers that conflict is endemic in human groupings because
of the divergent interests of the stakeholders. Therefore, it becomes imperative to have a process
in place to manage issues that arise from the divergent interests of the stakeholders.

According to Encyclopedia Britannica, collective bargaining is a mediation process between

representatives of workers and employers with the aim of instituting conditions of employment
including but not limited to hiring practices, working hours, wages, promotions, working
conditions, layoffs, job functions, worker discipline and termination as well as benefit
programmes. The International Labour Organization (ILO, 1951: 1) through the ILO Convention
No. 98 (which is the convention concerned with the application of the principles of the right to
organize and bargain collectively), defines collective bargaining as the “voluntary negotiation
between employer or employers’ organizations and workers’ organizations, with a view to the
regulations of terms and conditions of employment by means of collective agreement”.

ILO (1951: 1) Recommendation No.91 (Recommendation Concerning Collective Agreement)

further defines collective bargaining in this manner:

• For the purpose of this Recommendation, the term “collective agreements” means all
agreement in writing regarding working conditions and terms of employment concluded between
an employer, a group of employers or one or more employers’ organizations on the one hand, and
one or more representatives of workers’ organizations, or, in the absence of such organization, the
representatives of the workers duly elected and authorized by them in accordance with national
laws and regulations, on the other.

• Nothing in the present definition should be interpreted as implying the recognition of any
association of workers established, dominated or financed by employers or their representatives.

In Nigeria, the Trade Union Amendment Act (2005: 16) Laws of the Federation of Nigeria, the
substitute for section 24 of the Principal Act by a new section 24 (1) and (2) state that:

• For the purposes of collective bargaining, all registered Unions

in the employment of an employer shall constitute an electoral college to elect members who will
represent them in negotiations with the employer.

• For the purpose of representation at Tripartite Bodies or any

other body, the registered Federations of Trade Unions shall constitute an Electoral College
taking into account the size of each registered Federation, for the purpose of electing members
who will represent them.

Summarily, collective bargaining can be said to be the process of determining the wages as well
as conditions of employment of workers through negotiated agreements between the organizations
of the workers or their chosen representatives and the employers.
Aims of Collective Bargaining

Fundamentally, collective bargaining is aimed at reaching a mutually beneficial agreement

between the management and the employees concerning the terms and conditions of employment.
Other aims include

• Provision of a negotiation platform for both the management and the employees which
enables the management to have a deeper and clearer insight into both the problems and aspirations
of the employees as well as keep the employees better informed about the organizational problems
and limitations. This will help foster better understanding between the two parties.

• To promote industrial democracy. Participation in the negotiation process by

representatives of both the employer and the employees, who are very knowledgeable about the
challenges, breeds democratic process in the organization.

• To provide speedy adjustment to changing conditions. Considering that change is a

constant variable in all life’s undertakings and that a dynamic evolving environment leads to
changes in employment conditions, organizations are required to effect changes in their processes
to match with the changed conditions and collective bargaining is the approach to help bring to
effect these changes very amicably.

• To facilitate the prompt adoption/implementation of resolutions/decisions arrived at

through collective negotiation.

• The direct participation of both parties - the employer and the employees - through their
representatives in collective decision making process provides an in-built mechanism for prompt
execution of decisions made through collective bargaining.

Chukuezi in Agbogu (2000) pointed out three essential actions of collective bargaining which are:

• The distribution of economic wealth or setting the prices of labour

• Rule-making in the work place and

• Methods of settling disputes

Trade Unions and Collective Bargaining

International Labour Organization (ILO) (2003) notes that collective bargaining is not merely a
simple signing of a mutually acceptable agreement by the parties or a mere getting together of two
opposing parties across the bargaining table or even just a discussion of wage issues, grievances
or seniority rules. Rather it is the democratic, joint formulation of both “work rules” and “working
conditions” on all matters that directly affect the workers in the work place. In other words,
collective bargaining is self-government in operation. It is the establishment of factory or work
place laws based upon common consent.

Collective bargaining developed with the advancement of trade unionism, especially from 1890
onward (Encyclopedia Britannica, 2021). Bearing in mind that one of the main purposes of the
trade union is to maintain a minimum rate of pay for its members by ensuring that none of its
members worked for less than the rate it recognized from time to time as a minimum and raising
that rate when opportunity offered, it follows then that bargaining through a trade union increases
the workers’ relative power to change proffered terms; in this sense the union confers bargaining
power.

To be able to exert any form of influence in decision-making at the work place, trade unions in
Nigeria recognize the powers inherent in their collective effort as a group than in their individual
efforts put together. In Nigeria, government plays dual conflicting roles as both the one enacting
policies to guide labour-management relations as well as being the largest single employer of
labour in the country. This leaves the workers at a disadvantaged position and the trade unions at
loggerheads with the government in the pursuit of diametrically opposing goals. It is through the
collective bargaining processes that the trade unions and government meet to deliberate on issues
and find lasting solutions to them. Through collective bargaining, which is an instrument in
labour/management relations, both management and workers representatives are able to discuss
issues and take joint/collective decisions, their interests are equally protected to ensure progress in
the polity.

Ana-Maria and Ana (2017) opine that the collective bargaining process has numerous implications
at several levels. Collective bargaining has become a determinant of production and labour costs.
Between employers and employees in the competitive market, it aids in the distribution of added
value. For employees, collective bargaining is a key factor for their income and sustainability on
a dynamic labour market. Among employees, collective bargaining aids expressing solidarity
through the ‘wage floors’ applying to different group of workers at a given bargaining level.
Hence, the ability of countries, especially developing countries like Nigeria, to be able to compete
in the global marketplace depends to a reasonable extent, on their ability to transform industrial
relations policies involving trade unions and collective bargaining so that they not only promote
flexibility in the workplace but equally encourage the formation and effective use of human
resources.

Government Intervention in Trade Disputes

Trade disputes are usually a common occurrence in labour matters. They can take place within
organizations and or in a country. Trade disputes can be between workers and their employers
(which can be in a public or private sector) while relating wholly or partly to any of the following:
terms and conditions of employment, allocation of work specification, the issue of disciplinary
matters, most importantly the issue of salary and wage administration, collective bargaining,
employment securities, membership or non-membership of trade union etc.

The Roles of Government in Trade Disputes in Nigeria

In labour matters in Nigeria, there are tripod elements involved. The tripod elements are: the
trade/labour unions (representatives of the workers), the employers/management of the
organizations and the government. Trade unions are basically an integral part of liberal democratic
society and as such they are an important part of the fabric of the Nigerian society, providing
social, economic, political and psychological benefits for their members as well as the platform
for participation in managerial functions in government and work organizations. As a by-product
of British labour policy in Nigeria, which had strong roots in the conventions, and resolutions of
the International Labour Organization (ILO) (of which Britain was a founding father), labour
unionism is seen as an adoption of the voluntary principle (Fashoyin, 2005). The premise on which
the voluntary principle was laid was to discourage the involvement of any third-party with the
belief that only those who are directly interacting in day to day relations at work are best placed to
find answers to their problems. Under the principle, government sought to encourage employers
and workers to settle labour issues and questions pertaining to the terms and conditions of
employment through collective bargaining. Being that most times, the government plays the role
of employer as well as the umpire when there is a dispute, getting an intervention with an impartial
umpire with the public interest at heart seems more like an illusion.

Despite legislative attempts aimed at creating a conducive legal environment for the voluntary
principle to thrive, notable institutional and environmental factors have established considerable
inequality in labour-management relations, thereby rendering the voluntary principle practically
irrelevant. Ubeku (1986) and Fashoyin (2005) aver that the fact notwithstanding that trade unions
were made legal institutions, adequate provisions were not made for their recognition by
employers resulting in a good number of employers willingly treating the unions with contempt.
Similarly, trade disputes settlements and/or agreements reached at conciliation or in arbitration
tribunals were somewhat not always binding.

Given the spread of anti-union sentiment among employers and the character of unions, it becomes
worrisome to assume that the voluntary principle would work (Aderogba, 2005; Fashoyin, 2005).
According to Kessler (2006), government’s preference for the use of semi-political, wage
Commissions or Tribunals as corresponding method of controlling employment conditions in the
public sector, and its unreserved effects on labour relations in the private sector, served to subvert
the Principle of Voluntarism. The government had without consultations with relevant bodies
taken centralization to its logical conclusion by making wages and salaries structures uniform
across all tiers of government in the 1970s. The machineries set up for collective bargaining in the
public sector such as the National Civil Service Negotiating Councils and the State Civil Service
Negotiating Councils never really saw the light of day (Adesina, 1995; Aiyede, 2002).

The centralization of collective bargaining and wages occurred within the context of the
centralization of the economic management of the country. Although this was set in motion by the
logic of central planning, it accelerated and became total under military rule in the absence of
constitutionalism and rule of law (Aiyede, 2002). The government also enacted the Productivity,
Prices and Incomes Board Act of 1977 which provides machinery for government intervention in
wage determination through collective bargaining. Through yearly guidelines, government defines
permissible increases, if any, in wages, salaries and benefits, and restricts the freedom of the parties
in the use of the collective bargaining process (Fashoyin, 1986; Adesina, 1995).
According to Tajudeen and Kehinde (2007), industrial relations policies are embodied in not only
legislations but also in official pronouncements and direct action of government. Notably in the
case of an underdeveloped capitalist country like Nigeria, these policies are best understood in
terms of labour control strategies. Government policies on industrial relations though said to be
anchored on what is termed guided democracy and limited intervention, has evidences on ground
pointing in a different direction. What is readily obtainable is unguided authoritarianism and
reckless intervention in the industrial relations scene.

In Nigeria’s public service, the role of the government in wage determination has become so
prominent, and has continued to generate much debate over what should be the limits of Nigeria
government’s intervention in industrial relations. Through this role, the government has seriously
infringed on the rights of the average Nigeria workers to strike actions and their rights to freedom
of association which is in contrast to what is obtainable in other nations around the globe where
the most important role or duty of the state is towards the protection and guaranteeing of the
freedom of association to workers and trade union recognition, which is the basis for harmonious
labour-management relationship (Yesufu, 1984; Adesina, 1995).

The over-bearing influence of government in public service wage determination has been variously
blamed by industrial and labour relations scholars for the frequent wage crisis that leads to
industrial unrest. Government has the penchant for taking unilateral decisions on wages which it
imposes on all concerned without due consultations. These decisions most times do not go down
well with the unions and their resistance usually ends up in industrial unrest (Kessler, 2006).

Historically, political developments in Nigeria have influenced the formulation and

implementation of industrial relations policies at a degree that sometimes betrays the poor state of
the political culture (Fashoyin, 2005). In colonial times, political consideration played a
considerable role in evolving the voluntary policy and in wage determination. The voluntary
principle was so conveniently breached, as often as the political considerations of the ruling elite
dictated (Yesufu, 1984; Ubeku, 1986).
During self-government and after independence, regional and federal governments evolved
industrial relations policies whose innovation or intellectual philosophies were largely influenced
by the political dictates of the period and the political inclinations of the ruling elite (Fashoyin,
2005). For example, competitive wage awards led to a call for avoiding any other policy that would
lead to political influences and considerations entering into determination of wages (Yesufu, 1984;
Fashoyin, 1987).

Throughout the two decades of military rule, public policies mirrored the political calculations of
military regimes and equally the political values of the elites (Fashoyin, 2005). Thus, the response
of the military to union demands, wage issues and all forms of industrial actions have reflected the
political circumstances of military administrations. The setting up of periodic Wage Commissions
and Tribunals since colonial times up to the present has in itself reflected the political imperatives
of these periods (Uzoh, 2015). There is no doubt that the direction of industrial relations will
continue to respond and be influenced by developments in the political environment, in part by the
political orientation of the ruling elite and in part by the leadership of the trade union movement
(Uzoh, 2015). Obviously, the impacts these have on the industrial relations framework will in turn
depend on the broad political structures in place and the extent of political involvement of the
union. Also, it will critically depend on the degree to which policy makers and party politics
interfere in industrial relations institutions.

According to Olugboye (1996) and Yusufu (2009), the military operates a totalitarian regime
characterized by suppression, repression and suspension of constitutional rule, arbitrariness and
unilateralism. Over the years, the first casualty of military coup is trade union. As part of the
pressure groups in society, the trade union has always been at the receiving end of harsh military
policies (Yusuf, 2009). More than any other time, trade unions suffer from harsh and repressive
government policies of military rule. Along with other pressure groups in the society, trade unions
are prevented from holding rallies, embarking on strikes and other legitimate activities of unionism
(Omole, 1991; Fajana, 2000). As an important actor in Nigeria’s industrial relations system,
military governments are often arbitrary in dealing with labour-management issues. Adesina
(1994) for instance, argues that since the military adopts ideology that legitimizes its continuous
supra constitutional role in politics, repression is not an impossible outcome.
Like the military, democratic governments in Nigeria are also known to engage in harassment,
intimidation and arrest of labour leaders especially when they embark on strike (Yusuf, 2008).
Successive civilian governments in Nigeria have engaged in interference with trade union
organizations in the country (Sokunbi, Jiminiwa & Onaeko, 1996). In the current political
dispensation, the effort of the dominance of retired military officers is obvious and profound. This
factor has an enormous impact on the nation’s political climate and especially on the attitude and
actions of political office holders. The effect on the industrial relations system is the evidence of
intolerance of government towards workers and their unions. Such actions as the enforcement of
“no work no pay” clause and refusal of government to implement collective agreements attest to
this fact (Sokunbi, Jiminiwa & Onaeko, 1996; Yusuf, 2009).

In spite of the obvious similarities in the attitude of military and civilian governments in Nigeria
towards industrial relations, it must be stressed that democratic rule provides a healthier
environment for the process of trade dispute settlement (Yusuf, 2009). For instance, while the rule
of law is completely abolished under the military, it thrives in democracy. Many industrial
relations issues have been resolved by the court in the current political dispensation. Examples
include the court resolution of the nationwide strike organized by the Nigeria Labour Congress in
December 2004, the reinstatement of sacked University of Ilorin lecturers in 2009, and several
other court injunctions restraining government from tampering with the employment conditions of
workers (Abu, 2007; Yusuf, 2008; Yusuf, 2009).

Braverman (1974) examined the nature of class in the United States of America over a period of
100 years. He argued that the process of class formation is largely directed by changes in the nature
of work in capitalist society. Capitalism involves the maximization of profit which results in the
accumulation of capital. In pursuing this end, the labour process has been transformed over a
period of 100 years. This transformation has important consequences for the formation of classes.

According to Braverman (1974), relations of production in capitalist society are that of dominance
and subordination. Workers are subject to the authority of employers and their work is controlled
from above. Braverman sees this as the hallmark of the working class condition and from this point
claims that there has been a progressive proletarianization of the workforce in the United States.
Tasks are broken down into simple operations and directed and organized from above. As a result,
the worker controls less and less of the work process which now requires more and more
coordination from management. Again, skill and initiative are steadily removed from work. This
development applies not only to manufacturing industry but to work in general. The gulf between
the ruling class and the working class continues to widen.

Braverman (1974) further stresses that this development has been accompanied by the
transformation of the bulk of the population into employees of capital. The vast majority of the
workforce is either directly employed by private industry or by the state, which he regards as agent
of capital. The self-employed craft man, the farmer who owns his small holding and independent
professional in practice are steadily disappearing and entering the ranks of wage earning and
salaried employees. The goods and services required for subsistence are increasingly supplied by
capitalist enterprises, and the population is less and less able to supply its own needs outside this
capitalist market. As a result, the worker must sell his labour power in order to subsist and therefore
becomes increasingly dependent on capital and forced to subsist to its control.

Braverman’s labour process theory gives us a better insight into the condition of the workers in
Nigeria’s public sector where the government is the only employer of labour. The gap between the
elite and the working class people is broadening everyday as a result of the fading of the middle
class. According to Cheeka (2009), a sizeable proportion of Nigerian workers receive pay that is
nothing but a starvation wage. Today, over seventy-five percent (75%) of them live in conditions
of abject poverty which is not far removed from barbarism. Any demand for decent wages is
responded with or seen by the ruling elite as unaffordable and something that will be detrimental
to the economy.

The Nigeria Labour Congress (NLC) (2009) opines that all over the world, salary increase in the
public sector is underlined by the principle of equity and the need to bridge social inequality in the
face of widening economic and social gaps amongst citizens of a country. In Nigeria, while
workers’ salaries increased by fifteen percent (15%) between 2006 and 2007, those of political
office holders increased by over eighty percent (NLC, 2009). The 2008 increase in political office
holder compensation package has been doubled (NLC, 2009). This situation has always led to
incessant labour unrest occasioned by workers’ demand for better wages.
Rowlinson and Hassard (1994) have argued that Braverman adopted the economics of Baran and
Sweezy (1966), yet he departed considerably from orthodox Marxism. According to Rowlinson
and Hassard, the labour process theorists abandoned such central Marxist tenets as the labour
theory of value and the law of the tendency of the rate of profit to fall, concentrating instead on
struggles over relations of dominance and subordination. Thus, the connection with Marxian
political economy is largely severed and becomes difficult to distinguish labour process theory
from radical organization theory (Rowlinson and Hassard, 1994).

Summary

The government plays some kind of domineering and overriding role in the industrial relations
system. Government takes undue advantage of its position as the largest employer of labour in the
public sector and at the same time making the laws that regulate the industrial relations system. It
arrogates to itself the role that both employers and employees ought to perform in industrial
relations. Instead of allowing collective bargaining to prevail, government resorts to establishing
wage commissions as a means of fixing and reviewing wages. Consequently, collective bargaining
has been relegated to the background in the public sector and workers frequently respond to this
fundamental anomaly using the instrument of strike actions. Government’s over – bearing
influences in the form of direct interventions, unilateral actions and wage impositions have not
augured well for the development of industrial relations system in Nigeria.

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