MECHANISM FOR THE SETTLEMENT OF TRADE DISPUTES AND THE FREEDOM TO STRIKE IN NIGERIA

Settlement


Abstract

Trade dispute has become a common and frequent occurrence phenomenon in both private and public sector organizations world- wide and Nigeria particularly. Other countries of the world especially the western, advanced and well-to do nations have ever since identified with the immediate solution to curbing the industrial unrest. In Nigeria for instance, the public universities have over many years ago been engaging in to various form of strike actions. At this very moment, the public universities are on industrial action, while their private counterpart is carrying on their full academic activities.

It is against this background that this study made comparative analytical issues concerning trade dispute settlement in public and private universities in Nigeria. The major findings in the paper revealed that, the objective of trade union is to protect the interests of their members. This include all employment related matters such as wages and salaries etc. We therefore, draw our conclusion and recommended among other things that, a flexible organizational structure should be instituted to improve the relationship between management and staff.

1.Introduction

Trade dispute is a common occurrence in both private and public sectors owing to the fact that the goals and objectives of staff and management in any given organization defers. For instance, the employees tend to seek for improved welfare while the management may desire high turn-over and improved productivity. The continuous desire of each party (employee and employer) to achieve individual or collective objectives may end up in trade dispute. Therefore, there are laid down laws meant for trade dispute settlement in any organized society where there are developments in commerce and communication. According to Eweluka (1978), the regulatory effect of law on human conduct, in present day society cannot be over emphasized. It is the availability of law that makes man’s behaviour in any given situation controllable. He maintained that law in a society means order, peace, stability and progress.

Also, Mbanefo (1959) opined that laws relating to industrial relations have to do with collective relations namely, trade unions, collective bargaining, wage fixing machinery, industrial disputes settlement, joint consultations, grievance resolutions, arbitration, conciliation and industrial Court system. University worldwide is regarded as the citadel of knowledge, the fountain of intellectualism and the most appropriate ground for the incubation of leaders of tomorrow.

According to Ike (1999) a university fulfills, one major function, it is a knowledge and value provider, it stands or fails in its ability or inability to deliver on these criteria. According to Magna Carta universitatum, “the university is an autonomous institution at the heart of societies is differently organized because of geographically and historical heritage; it produces, examines, appraises and hands down culture by research and is an enterprise that serves multi disciplinary purposes. This according to Nwankwo (2000) explains why merit has been the watchword in the university system – a system a student must first be certified worthy in character and learning before being admitted into the Honours Degree Hall.