INDUSTRIAL CONFLICTS AND PROCEDURES FOR THEIR SETTLEMENT IN NIGERIAN PUBLIC SERVICE
(A CASE STUDY OF NNAMDI AZIKIWE UNIVERSITY TEACHING HOSPITAL, NNEWI)
The research on industrial conflicts and procedures for their settlement in Nigerian service is the work of the researcher. The intention of carrying out this project work is to find out the procedures for settling industrial conflicts. The objective of this research is to report on the procedures of settling and its effects on industrial action on trade union, parents, guardians, teachers and students/pupils. In achieving this purpose, the following instruments were used to gather data for the study, these are oral interview and personal observation which were administered on the officials of Nnamdi Azikiwe University Teaching Hospital, Nnewi (NAUTH) reduce the rate of conflicts in public service, the following poor communication, poor condition of service highest and the role of union is very important in employer-employee relations. And government should be involving employees in decision making in areas concerning them as the most important. And these will reduce the industrial conflicts in public service in Nigeria.
TABLE OF CONTENT
BACKGROUND OF THE STUDY
STATEMMENT OF PROBLEM
OBJECTIVE OF THE STUDY
SCOPE OF THE STUDY
SIGNIFICANCE OF STUDY
OPERATIONAL DEFINITION OF TERMS
LITERATURE REVIEW AND THEORETICAL FRAMEWORK
CAUSES OF INUSTRIAL CONFLICTS
CONFLICTS SETTLEMENT PROEDURES
THE STATUTORY OF EXTERNAL MACHINERY
COLLECTIVE BARGAINING IN THE PUBLIC SECTOR
COLLECTIVE BARGAINING AS AN EFFECTIVECONFLICT SETTLEMENT PROCEDURE
RESEARCH DESIGN AND METHODOLOGY
AREA OF THE STUDY
POPULATION OF THE STUDY
SAMPLE SIZE AND SAMPLING TECHNIQUE
INSTRUMENT AND METHOD OF DATA COLLECTION
VALIDATION OF THE INSTRUMENT
METHOD OF DAT ANALYSIS
DATA PRESENTATION AND ANALYSIS
SUMMARY, CONCLUSION AND RECOMMENDATIONS
SUMMARY OF FINDINGS
LIMITATIONS OF THE STUDY
SUGGESTIONS FOR FURTHER STUDY
BACKGROUND OF THE STUDY
The interest inequality and conflicting interest that exist in social and industrial organization make some form of conflict or disagreement inevitable. Industrial relations everywhere is an area of co-operation, conflict and settlement of conflict. Co0operation derives mainly from the realization of the legitimate expectations of parties while conflict result mainly from frustration of expectation of the parties.
According to section 55 of the trade union of 1973, “industrial conflicts are any dispute/conflict between employer and workers between worker which are connected with the employment or condition of employment or works of any person”.
From all indications, trade disputes are supposed to be concerned with employment issues and conditions of work and/or service of works collectively or individually. Matters under this may include salaries, wages, welfare packages and other issues related to the existence of the same union and inter-union; conflicts are also regarded as trade dispute/conflict under the decree.
A pertinent question to ask here is, to what extent to the Nigeria system of industrial relations provide facilities for realization of legitimate expectations and minimize conflicts.
The nature of labor management relations in contemporary Nigeria when viewed critically, shows that a significant proportion of employers and workers still reject that co-operation on both sides can bring about increase productivity, better wages, improved living conditions and industrial peace and harmony.
This relationship is characterized by suspicion and skepticism when the management feels labour unions is all out to victimize it by probing into its activities while labour union believe management always want to suppress their organization. This leads to frequent and severe industrial conflict in Nigeria.
There are two kinds of conflicts in any working environment. Conflicts of interest concerns with conflicts in collective bargaining arising out of the making of new arrangements on terms and condition of work, or the renewal of which have expired. The right conflicts on the other hand, are those which involved alleged violation of right already established in employment contract or agreement.
In order to curb the space of conflicts in any establishment especially in the public service, some procedural rules will include all or any of the following:
A negotiating procedure
A redundancy procedure
A dismissal procedure
It is assumed that these rules should be followed by employees (teachers) and employer (the Teaching Hospital, Nnewi) so as to guarantee industrial peace and harmony necessary for efficiency and productivity in the educational sector.
Various ways has been employed in managing conflict in the ministry of education but they have all proven abortive. This include the provision of service but what seems good in the thinking of the government (employer) is poor (condition of service) to the teachers (employees) and in view of this, this research work will focus on areas which will improve working relationship between the government and the teachers, thus creating a good and crisis free environment.
STATE OF PROBLEM
At work (that is in their different schools), teachers will have relationship with fellow teachers, supervisors from the Nnamdi Azikiwe Teaching Hospital and Government with students/pupils and of course with the parents/guardians of the students. From these relationships, conflicts often rise. Conflicts therefore, is inevitable and it is against this background that this study, “industrial conflicts and procedures for their settlement” has been designed and investigated among other things, the main causes of industrial conflicts.
The researcher wants to find out whether conflicts arise as a result of conflicting interests of its employer(s) and employee(s).
Also, the researcher want to find out whether there is any conflict over management refusal to implement collective agreement which may lead to strike.
The causes of industrial conflict are an establishment with particular reference to Nnamdi Azikiwe Teaching Hospital, Nnewi.
OBJECTIVE OF THE STUDY
The researcher work basically intend to highlight and address of the numerous causes of industrial conflicts as well as the procedures for their settlement with particular reference to Nnamdi Azikiwe Teaching Hospital, Nnewi.
The area of focus shall boarder in the following:
- Identifying the kind of industrial relations climate existing in the school.
- Assess the internal and external machineries for conflict settlement and their effectiveness in the organization (that is schools).
- Identifying the causes of industrial conflict mostly between the teachers and the school.
- Proffer solutions to minimize industrial conflict.
- Suggest more enduring conflict resolution techniques and machineries that would help in the sustenance of a more peaceful and enduring relationship in the educational sectors.
SCOPE OF THE STUDY
The study will be restricted to identifying the causes of industrial conflicts in the educational sectors. It will also cover the machineries for conflict settlement in Nnamdi Azikiwe Teaching Hospital, Nnewi.
Most especially, this research will cover the state ministry of Education, the teachers, the trade unions and the general attitude and reactions of parents and guardians towards frequent and long strike embarked upon by the teachers in public schools.
SIGNIFICANCE OF THE STUDY
The importance of this research work cannot be over emphasized especially when one consider the many deplorable consequence of industrial actions.
The study will try to acquaint the government, the teachers and the union (that is Nigerian Union of Teachers (NUT) and the adoption of approval industrial relations machineries for their settlement). It will further advance suggestions on how government (Nnamdi Azikiwe Teaching Hospital, Nnewi) can approve its relationship with teachers in order to reduce the incidence of individual conflict.
Both the government and the teachers will also gain from the report of study as it will enlighten them on the importance of following the procedures of dispute settlement rather than embarking on frivolous industrial actions.
OPERATIONAL DEFINITION OF TERMS
The following definitions are defined in a way they are used in time study and what the actually mean:
- Industrial Conflict: these are any conflicts between employers and workers or between workers and, which is connected with the employment of non-employment or the terms of employment or condition of works of any person.
- Grievance: This is a dissatisfaction of any employees over a denial of perceived right or group feels entitled.
- Procedure: The order of doing things especially legal or political. It is a step approach or procedure in the case of grievance without resorting to industrial action.
- Industrial Action: These are used by workers to bring the employers to the negotiating table or to sanction, employers as a situation arises. Sanctions employed by workers are strikes, work to rules, lock in and lock out, overtime ban, picketing, intimidation etc.
- Collective Bargaining: This is the machinery used by labour and management to determine the terms and conditions of employment of workers during a given period of time.
- Boycotts: A boycott is another weapon to encourage management to agree to its demand. A boycott involves any agreement by union members to refuse any call by their employer.
- Work-to-rule: This is a common form of industrial action. It is aimed at the restriction of output through deliberate reduction in peace of work done. In Nigeria, it is usually referred to as “Go slow”.
- Overtime Ban: This is used by the union to exert more pressure on the employer by imposing addition costs on the employer if more production is needed. Members of the union as banned working beyond official hours.