TABLE OF
CONTENTS
TITLE . . . . . . . . i
APPROVAL . . . . . . . ii
CERTIFICATION . . . . . . . iii
DEDICATION
. . . . . . . iv
ACKNOWLEDGEMENT . . . . . v
TABLE
OF CONTENTS . . . . . vii
ABSTRACT . . . . . . . x
CHAPTER
ONE
INTRODUCTION
- Background of the Study . . . . 1
- Objectives of the Study . . . . 6
- Statement of Problems . . . . 18
- Significance of the Study . . . . 23
- Hypotheses . . . . . . 24
- Significance of the Study . . . . 25
- Scope of the Study . . . . . 26
- Limitation of the Study . . . . 27
- Definition of Terms . . . . . 28
CHAPTER
TWO
LITERATFURE
REVIEW
2.1
Collective Bargaining Concept . . . 30
2.2
Bargaining Theories . . . . . 33
2.3
Types of Collective Bargaining . . . 36
2.4
Labour Policy Before 1968 . . . . 39
2.5
Labour Policy After 1968 . . . . 41
2.6
Labour /Management Dispute . . . 44
2.7
Origin of Dispute . . . . . . 46
2.8
Incidence, Causes a Nature of Labour/
Management Dispute . . . . . 48
2.9
Effect of Labour/Management Dispute . . 55
2.10
The Concept of Strikes . . . . 55
2.11
Strike and Lock-Out . . . . . 56
2.12
Effects of Strikes and Lock-Outs . . . 58
CHAPTER THREE
RESEARCH METHODOLGY
3.1
Choice of Research Methods . . . 60
3.2
Research Instruments . . . . . 62
3.3
Method of Data Analysis . . . . 64
CHAPTER
FOUR
DATA
PRESENTATION
4.1
Data Presentation . . . . . 65
4.2
Data Analysis . . . . . . 66
4.3
Personal Interview . . . . . 77
CHAPTER
FIVE
SUMMARY OF
FINDINGS, CONCLUSION AND RECOMMENDATIONS
5.1
Research Findings . . . . . 85
5.2 Conclusion . . . . . . . 97
5.3 Recommendation . . . . . 99
5.4
Area for Further Study . . . . . 101
BIBLIOGRAPHY
. . . . . . . 102
APPENDIX
. . . . . . . 104
ABSTRACT
Industrial
relations are inherently a bipartite relationship between union and management,
representing workers and the employer. Similar to other relationship, the union
management relationship is also highly fragile and complex. Collective
bargaining typically refers to the negotiation, administration and
interpretation of a written agreement between two parties that covers a
specific period of time. this agreement or contract lay out in a specific terms
the condition of employment, puts some limits on employees and sets limits on
managements authority. ILO has defined collective bargaining as negotiations
about working conditions and terms of employment between an employer, a group
of employers or one or more employees organization on the other with a view to
reaching agreement where in the terms of an agreement serve as a pc defining
the rights and obligations each party in their – employment relates with one
another, it fixes a large number of detailed conditions of employment and
during its validity more of the matters it deals with can in normal
circumstances give grounds for dispute concerning an individual worker”. The
unpalatable side of industrial relations and one which the public often
associates unions is the strike. The strike indicates a break down of cordial
relationships between labor and management and is usually the most negative
commentary. To achieve this, case study approach was adopted and subsequently,
questionnaire and personal interview methods were accepted as an important
instrument to dispute resolution. Also we found out that dispute is both
functional and dysfunctional and that the effect of it is born by the
individual organization and the economy. The concept of management labor
relations has attracted attention from academicians and practicing managers
during the past decades. The economic interest of the union is matched by the
sensitivity of the employer to market considerations particularly in situations
where competition is very keen. Employers in this position are more likely to
consolidate into one bargaining entity. In any event that each party has a
defined interest in variable economic factors sets the basis for conflict with
respect to wages and salaries. It is important to note that in resolving the
conflicting economic interests of the union and management of the agreement
that emerges is somewhere within the original offer by management and the
original demand by the union. The interest and the formation of bargaining
structure outlined in this project have been influenced by such factors as the
economic and organizational environment, in the private sector thereby leaving
room for further research especially in the public sector and or other tertiary
institutions.
CHAPTER
ONE
INTRODUCTION
1.1 BACKGROUND
OF THE STUDY
The encyclopedia of social sciences defines
collective bargaining as a “process of discussion and negotiation between two
parties, one or both of whom is a group of k6*s acting in concert. The
resulting bargain is an understanding as to terms or conditions under which a
continuing service is to be performed. More especially, collective bargaining
is the procedure by which an employer or employers and a group of employees
agree upon the conditions of work”. The Webb described collective bargaining as
an economic institution, with trade unionism acting as a labor cartel by
controlling entry into the trade. Professor Allan Flander argues that
collective bargaining is primarily a political rather than an economic process.
It is power relationship between a trade union organization and the management
organization. The agreement arrived at is a compromise settlement of power
conflicts. According to Harbinson, collective bargaining is “a process of
accommodation between two institutions which have both common and conflict
interests”.
The process is “collective” because
representatives of employees in groups rather as individuals solve issues
relating to terms and conditions of employment The term” bargaining “refers to
evolving an agreement using methods like negotiations, discussions, exchange of
facts and ideas, rather than confrontation. The process of collective
bargaining is bipartite in nature, I .e. the negotiations are between the employers
and the employees, without a third party intervention. Divergent view points
are put forth by the parties concerned, and through negotiations, a settlement
is reached. The objective is to arrive in agreement. Collective bargaining
serves as a number of important functions.
It is a rule making or legislative process in the
sense that it formulates terms and conditions under which labor and management
may cooperate and work together over a certain stated period, It is also a
judicial process for every collective agreement there is a provision or clause
regarding the interpretation of the agreement and how many difference of
opinion about the intention or scope of a particular clause is to be resolved,
it is also an executive process for both management and union undertake to
implement the agreement signed.
Salient features of collective barraging are:
1. It is a “group” process wherein one group represents the
employers and the other represents employees. They sit together to negotiate
terms of employment.
2. The collective bargaining process follows a number of steps. It
begins with the presentation of the chapter of demands and the reaching of an agreement.
3. Negotiations form an important aspect of the process of
collective bargaining deliberations rather than confrontation.
4. It is a bipartite process involving the employers and the
employees.
The ILO convention No. 98 (1949) relating to the right
organize and to bargain collectively describes collective bargaining as:
“Voluntary negotiation between employers and
employers” organizations and workers organizations, with a view to the
regulation of terms and conditions of employment by collective agreements”.
There are several essential features of collective
bargaining, all of which cannot reflect in a single definition or description.
They are as follows:
i. It is not equivalent to collective agreements because
collective bargaining refers to the process or means, and collective agreements
to the possible result, of bargaining. There may therefore be collective
bargaining without a collective agreement.
ii. It is a method used by trade unions to improve the terms and
conditions of employment of their members, often on the basis of equalizing
them across industries.
iii. It is a method that restores the unequal bargaining position as
between employer employee.
iv. Where it leads to an agreement it modifies, rather than
replaces, the individual contract of employment, because it does not create the
employer-employee relationship.
v. The process is bipartite, but in some developing countries the
state plays a role in the form of a conciliator where disagreements occur, or
may intervene more directly (e.g., by setting wage guidelines) where collective
bargaining impinges on government policy.
vi. Employers have in the past used collective bargaining to reduce
competitive edge based on labor costs.
There
has been wide spread belief within the industrial circle that prior to 1968,
industrial relation policy in Nigerian had the unique characteristics of volunteerism.
This rather amorphous concept describes a policy by which the government plays
the primary role of prescribing minimum standards of practices, while leaving
day by day practices to both sides of industry. This view is correct only if the
only yard-stick for regulating labour laws of the period is regarded as the
only yard-stick for regulating labour management relations. But there is overwhelming
evidence of a substantial state invention and control in the actual practice of
labour-management relations, both during and after the colonial period and much
of that amended from outside the legal framework.
In
1968, the civil war has started and the government was resolved to prevent
labour unions from any distraction capable of undermining the task of the
military government to maintain the unity of the country. Subsequent policies,
starting with Trade Disputes (Emergency provisions) decree of that year, marked
the end of voluntarism and the beginning of state limited intervention
relations. This new policy officially referred to as limited intervention and
guided democracy has had profound consequences on the state of
labour-management relations. This new policy by and large had produced
contradictory results which are advantageous and disadvantageous to the union
and management with government introduction of restrictive legislation, such as
the Trade Dispute (Essential Services) Decree of 1976 which outlawed the
strike, raising questions about the purposeful role of government. The unions
on the other hand have violated the non-strike injunction, thus exposing the
impotence of the policy. This is a clear manifest that unresolved problems
abound.
As
mentioned by Elanders (1958) whether Trade Union structure is under debate or
the organization of employers association, or the prospect of an income policy,
or the frequency of unofficial strikes, or the relaxing of restrictive
practices or failure of joint consultation to realize the earlier hope that
were placed in it, no one is any longer disputing that pressing largely
unresolved problems abound:-
It
is these desires of the parties that are more or less unlimited, inspite of the
wish to co-exist that gives rise to in Damachi’s words latent antagonism within
themselves.
But
as pointed out by kilby (1973) despite the careful constructed institutional
framework and avoided commitment of all parties concerned, voluntary collective
bargaining has failed to function as a significant mechanism for fixing wages.
But in Nigeria private sector skill claims that they operate collective
bargaining, but what makes Kilby’s argument valid, is that because the Nigerian
management negotiate on a much stronger power position than the union the
agreement from such negotiation tend in effect to be largely dictated by
management rather than being a product of bargain.
The role of the state in industrial relating in
this respect becomes very important not so much because government policy had
produced contradictory results and consequences but primarily because it
expresses the value and priorities in the industrial relation system.
What Is
Collective Bargaining?
THE ROLE OF COLLECTIVE BARGAINING ON MANAGEMENT AND LABOUR RELATIONS A CASE STUDY OF FIRST ALUMINIUM COMPANY LIMITED AND WEST AFRICAN GLASS INDUSTRY LIMITED PORT HARCOURT
