TRENDS AND PATTERNS OF COLLECTIVE BARGAINING IN NIGERIA: COMPARATIVE STUDY OF SOME SELECTED PUBLIC AND PRIVATE INSTITUTIONS
PST Amabibi Ferdinand (Ph.D)
Abstract - The objective of this paper is to examine the Trends and Patterns of Collective Bargaining in some selected Public (state owned Universities and the Health Institutions) and Private, (Privately owned organizations) like, the Textile Garment and Tailoring Workers Union of Nigeria (TG&TWUN), Banking and Insurance sectors in Nigeria, with a view to bringing to fore the peculiarities associated with the sectors and with regard to the practice of bargaining. To achieve this objective, the paper adopted a Theoretical approachusing Webb's classical theoryof Collective Bargaining to elucidate our study.The author observed that the practice of Industrial Relations as a discipline and that of Collective Bargaining in particular emanated from the private sector the World over. Thus, most of thepractices of public sector collective bargaining are moddelled after the private sectors. However, in Nigeria, the reverse is the case as Collective Bargaining Trends and Patterns gained its root in the public sector owing to the near absence of private sector at the turn of the century.
Due to the nature of the investigation, the study used the Secondary sources of data collection.Findings from the investigation showedthat, there are disparities in Trends and Patterns of Collective Bargaining between both private and public institutions selected for the study. The study therefore recommends that there should be harmonization of Collective Bargaining between both the private and public sectors to improve industrial relationship between employers and employees in both institutions to enhance higher productivity in the work place.
1 INTRODUCTION
1.1 Background to the Study
Collective Bargaining is made up of two words “Collective” which imply group action through its representatives and
“Bargaining” which suggests haggling and or negotiating. The phrase was first coined by Sydney and Beatrice Webb in their book entitled “Cooperative Movement”. The term Collective Bargaining was used to describe the process of agreeing terms and conditions of employment through representative of employers and possibly (their associations) and representative of employees and possibly their representatives (union or Association).
Employers and Employees jointly determine and regulate decisions pertaining to both substantive and procedural matter within the employment relationship. The outcome of this process is the Collective Bargaining or agreement.
Collective Bargaining as one of the processes of Industrial Relations performs a variety of functions in work relations. It could be viewed as a means of industrial jurisprudence as well as a form of industrial democracy. It is also seen a means for resolving workplace conflicts between labour and management as well as the determination of terms and conditions of employment. Similarly,
Davey (1972,pp 45-67) viewed Collective Bargaining as a Continuing institutional relationship between an employer entity(
Government or Private) and Labour Organization( Union or Association), representing exclusively a defined group of employees of said employer(
appropriate bargaining unit) concerned with the negotiation, administration, interpretation and enforcement of writing agreement covering joint undertaking as to wages/ salaries, rates of pay, hours of work and other conditions of employment.
International Labour Organization (ILO) (1960) viewed Collective Bargaining as negotiations about working condition and terms of employment between an employer, or one or more employers, organization, on one hand and one or more representatives of workers organization on the other hand, with a view to reaching agreement. The term Public Sector comprises the Government as an employer at the Federal, State and Local Government levels as well as the parastatals, the Universities and the State owned companies and the Health institutions. The Public Sector constitutes the largest employer of labour in the country in spite of the recession in the economy. Dimachi and Fashoyin, (1986, p
66), observed that trade unionism and labour relations originated in the civil service in 1912, but, it is in this sector that unions are weaker and labour relations marginally practiced. The weakness of the union in this sector was attributed to a well-documented problem of the union factionalism, multiplicity and leadership squabbles which characterized Nigerian union up to the mid 1970’s.
Omole (1987, p45), raised the issue of the interesting features of industrial relations in the developing countries when compared to the practice in developed countries. In developed countries, industrial relations practice in the public sector was modeled after the practice in the private sector. In developing countries, the opposite is the case especially with Nigeria where industrial relations system in private sector of the economy developed from the practice in the public service. To account for thetrend, he states that the idea of bargaining for more by workers emerged first in private sector in the developed countries and laws and procedures were well established. In Nigeria, the origin of trade unionism can be traced to the public sector which arose during the colonial rule when paid employment was first introducedinto the country by the colonial administrators
1.2. Statement of the Problem
Collective Bargaining is seen as joint determination by workers and employers to solve problems and issues pertaining to human resource management. (Okoli, 1999). Despite the all-inclusive participation of labour in the negotiation for better welfare package for its workers and facilities in the public institutions, as could be seen in the recent Association of Senior Staff of Universities (ASSUU) saga, and the warning strike embarked by the Nstional Association of Resident Doctors, industrial disputes have continued unabated. Collective bargaining seemingly is a means to an end and not an end in itself. It is expected therefore, at the point of negotiation, labour leaders who are the elected representatives of the workers should exhibit intelligence, skills and techniques of bargaining, while the management on their part as well is expected to be magnanimous, tolerant, understanding, and be prepared to
implement the outcome of the negotiation which is the collective agreement.
In their views, Marthis & John (2013, pp44-47) see Collective Bargaining as a give and take process between representatives of the two organizations attempt to establish conditions beneficial to both, it is a relationship based on relative power.
Unfortunately, one of the greatest problems in collective bargaining in Nigeria is that labour agreements are not considered by management as binding on them, as most times, the agreements are either partially implemented or outright non implementation which inadvertently may lead to strike by labour or lockout by management. Thus, these questions become expedient vizs.
1.3 Research Questions:
i. To what extent has Collective Bargaining curbed industrial disputes in the State owned Universities and Health institutions in the Public sector and Textile Garment and Tailoring workers of Nigeria in the Private sector in Nigeria?
ii. How have the Mechanisms for Collective Bargaining affected Industrial Relations in the Private and Public sectors in Nigeria?
1.4 Objectives of the Study:
The broad objective of the study is to investigate the Trends and Patterns of Collective Bargaining in some selected Public and Private institutions in Nigeria, whereas the specific objectives are:
i. To ascertain the extent to which collective bargaining has curbed industrial disputes in the Private and Public institution in Nigeria.
ii. To assess the mechanisms for collective bargaining on industrial relations in the Private and Public institutions in Nigeria.
1.5 Significance of the Study:
This study is very significant to industrial relation practitioners and human resource management in their organizations. The study brings to fore the trends and patterns of collective bargaining in both public and private sectors and has also to expose the joint negotiation by labour and management
which is the fulcrum of industrial democracy and harmony in the work place. Also, the labour union representatives will benefit immensely from this work as most of the skills, issues required for negotiation are revealed. Significantly, further research work on collective bargaining in Nigeria could be improved upon using this as a base, taking into cognizance that search for gap in literature is a continuum.
2 LITERATURE REVIEW AND METHODOLOGY
2.1 Collective Bargaining: Conceptual Explication
Collective Bargaining is seen as a continuing Institutional Relationship between an employer entity (government or private) and labour organization (unions or Associations) representing a defined group of employees of said employer, concerned with the negotiation, administration, interpretation and enforcement of written agreements covering joint understanding as to rates of pay, hours of work, salaries and wages (Davey, 1972 p 97). The International Labour Organization (ILO) (1950) views Collective Bargaining as negotiations about working conditions and terms of employment between an employer, a group of employers or one or more employers organization on the one hand and one or more representative workers organization on the other hand with a view to reaching agreement.
Chamberlain (2013, p326) defined collective bargaining as the process whereby management and union agree on the terms under which workers shall perform their duties. The International Labor Organization Workers Manual defined collective bargaining as negotiation about workers condition and terms of employment between employer, group of employers or one or more employers organizations on the one hand and the employees and or a group of employees union on the other hand.
(International Labor Office, collective bargaining a worker education manual, 1973, p3). Ogunna (1999, p 442) in his view, sees collective bargaining as a type of participation programme which is distinctly different from all other programmes of participation methods as it is not instituted by management except
in special circumstance while all other programmes of participation are at the direction of the management.
Onah (2015, p 370) citing Okoli (1999) averred that, collective bargaining is an interface between management and labour union. It is a vehicle by which management (Employers) and the representatives (union) of the workers attempt to reach a collective agreement on solving and avoiding strife related to compensation, layoff, retirement, fringe benefits, discipline, promotion, work scheduling and other conditions of employment. Thus collective bargaining involves the joint determination by workers and employers to solve problems pertaining to human resource management.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits and other aspects of workers compensation and rights for workers. The interest of the employees is commonly presented by representatives of a trade union to which the employees belong. The collective agreement reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in work place affairs (Public Service Employee Relation Act, 1987).
In his view Akpala (1982, pp 44- 69) sees the Collective bargaining as a process of negotiation between workers and employer’s through their organizations of a contract of employment for the best possible working conditions and terms of employment. Similarly Fashoyin (1990, p371) averred that Collective bargaining is the only viable form of worker participation in decision making in any rational public or even private enterprise. Its subsistence gives the credence of being a form of industrial democracy.
2.2 Mechanisms for Collective Bargaining: Bargaining Patterns:
Patterns of Collective Bargaining are established norm that both labour and management undergo in the course of arriving at an agreement. Several anticipated issues are been addressed during the collective bargaining though
not listed in the contract, such as management rights and labour or union security, which are vital subjects of the
collective bargaining process. (Robert &
John, p 544 2006).
Diagram showing collective Bargaining Relation
Source: (Robert & John, 2006) 2.3 Bargaining Pattern
i. Conflict: At some point in time in the organization, the labour comes up with grievances in the work place to be discussed with management, which becomes the offshoot for the preparation for collective bargaining with management.
ii. Armed Truce: At this stage, both management and labour begin to gather vital information for discussion during negotiation, intended to take advantage of the weakness of one another. Especially, the labor, who would want to probe into the financial status of the institution within the period under review.
iii. Power Bargaining: This is actually the negotiation table, where both parties try to exhibit professional prowess in collective bargaining, using every available information, with negotiating skills to out with themselves.
iv. Accommodation: This is the stage of give and take, which both parties shift grounds to enable a successful negotiation to foster peaceful co- existence.
v. Cooperation: This is the stage of mutual understanding by both parties having arrived at a point to accommodate one another in their different presentations and position.
vi. Collusion: This is the stage where both parties are not able to come to a compromise, not willing to shift grounds and lack the spirit of give and take. The collusion stage could spell doom for either party, as labour may embark on strike which will affect productivity or
management on their part lock out workers, which will lead to lay off, loss of jobs of workers, which consequently will affect the productivity of the organization.
2.4 Trends
There are two discernible trends of collective bargaining in any contract negotiation process. These are the centralized or regulated collective bargaining and decentralized or deregulated collective bargaining. Onah, (2005, p 373) citing (Okoli:1999) opined that under centralized collective bargaining, an employer or group of employers of labour usually under one association negotiate collectively with representatives of workers usually union for condition of service, this trend has the advantage of setting the baseline upon which each employer can negotiate with their respective workers representatives, whereas, under the decentralize collective bargaining the employer of labour negotiates agreements and conditions of service directly with representatives of the workers within the overall economic condition prevalent in the country, and at the same time considering the capacity to pay. Thus, the government [federal]
intervenes and monitors standards for all level of economy, but allows employers and their employees to determine certain specific conditions of service in their respective economic realities.
2.5 The concepts of Public and Private Institutions
Public Institution (sector)
The term public institution or sector comprise the government as employer of labour at the Federal, State and the Local
government levels as well as the parastatals, the universities and state owned companies and agencies. The public sector constitute the largest employer of labor in the country, it is of note that the modern trade unionism began in Nigeria in the public sector.
Trade unionism and labour relations originated in the civil service in 1912 but this sector has not had a vibrant union and labour relations, the weakness being attributed to factionalism, multiplicity and squabbles in leadership (Damachi &
Fashoyin 1986, p112).
Private Institution (sector)
The Private institution or sector as the name suggest, is a private owned organization devoid of governmental interest, such as Banks, Insurance companies, Tertiary institutions, Manufacturing and so on. It is a sector for which the modus operandi is quite different from the public institution. The structure of administration, terms of employment, promotion, dismissal are all at variance with public sector, the only similarity is both institutions are employers of labour.
2.6 Comparative analysis of collective bargaining in both Public and Private Institutions in Nigeria
2.6.1 Public institution:
According to Fashoyin (1992,p96), the practice of industrial relation as a discipline and that of collective bargaining in particular emanated from the private sector. Thus, much of the practices in the Public sector collective bargaining are modeled after the private sector collective bargaining. However, reverse is the case in Nigeria, as collective bargaining gained its roots from the public sector due to near absence of the private sector at the time. Government at all levels in Nigeria, Federal, State and the Local government had paid lip service in the public sector concerning collective bargaining.
Despite being a member of the International Labour Organisation (ILO) Nigeria had always reneged in the ILO’s conventions of bargaining freely with workers. The government had rather adopted the wage commission and wage awards to curry political popularity, and thereby relegating collective bargaining to the background, inspite of Nigeria’s commitment to ILO’s conventions,
particularly 87 of 1948 and 98 of 1949, which provides for freedom of association and the right of worker to organize and bargain collectively. This act of unilateral use of wage awards and wage commissions by the state has stifled the effective collective bargaining in the public sector.
Chide (2008, p66), opines that the use of ad hoc commissions in addressing workers’ demands such as wage determination and other terms and conditions is unilateral and undemocratic as it negates good industrial and democratic principles, hence it is antithetical to democratic values. The public sector in Nigeria, inherited the unilateral and undemocratic industrial relations from the colonial administration as could be seen from the tabulation below.
Commission Year instituted.
Hunt commission 1934
Bridges 1941
Tudor davies 1945
Harragin 1946
Miller 1947
Whitley 1948
Gorsuch 1955
Mbanefo 1959/60
Morgan 1964
Adebo 1971
Udoji 1974
Onosode (for parastatals) 1981 Cookey (for varsities) 1981 Ademolokun (for polytechnics)
T.T.C/TC) 1981
Ukandi Damachi 1990
Minimum wage commission 1999 Ufot Ekaette (Presidential
committee on monetization of fringe benefits in the
public service) 2002
Pension reform 2004
Onosode (for universities) 2009 In May 1981, Nigeria experienced for the first time a tripartite wage bargaining under the former executive civilian President Alhaji Shehu Shagari, following the general workers strike which was occasioned by the demand of the Nigeria Labour Congress (NLC) for wage review. The successors of Alhaji Shehu Shagari, who were, General Ibrahim Babangida, Gen Abdulsalam Abubarka, Gen Olusegun Obasanjo, all avoided any tripartite collective bargaining, rather the government preffered to meet with labour
without carrying on board the private sector employers and state governments who were to implement the wage awards at the state and local government levels, thus created conflicts at those levels as state government expressed their inability to pay.
At this point, collective bargaining in the public sector was carried out at three complimentary levels through the machinery christened, the National Public Service Negotiating Councils (NPSNC).
This machinery was then sub-divided into three councils.
Council 1: This first council is made up of the management representatives from the Establishment department of both the federal and state governments, while the Association of Senior Civil Servants of Nigeria (ASCSN) represented the employers,
Council II: Council two was composed as same, as in council one above, for the management side, while two categories or associations were recognized for negotiation on the side of the workers, and they are the Nigeria civil service union (NCSU) and Nigeria union of civil service typist, stenographic and Allied staff (NUCSTSAS).
Council III: This third council was composed as in the first and second councils above for the management side, where as the side of workers comprises of five different unions thus,
The civil service technical worker union of Nigeria (CSTWUN)
Printing and Publishing workers union of Nigeria (PPWU)
National Association of Nigeria Nurses and Midwives (NANNM)
Medical and Health Worker union
Custom Exercise and Immigration Staff Union (which was proscribed 1988)
Despite the sub-division of the work force and the attendant collective bargaining procedures, the scope of bargaining in the public sector is enshrine in the constitution of NPSNC, which equates with the procedural agreement in the private sector and it is applicable to core civil servants. Similarly the national joint industrial council (NJIC) applies to parastatals like former NEPA (Power Holding Co of Nigeria PLC), Universities,
Nigeria Railway Corporation (NRC), Nigeria Ports Authority (NPA).
The public sector collective bargaining has encountered series of difficulties, as substantial issues which are within the purview of NPSNC are either decreed by legislature or executive acts or through commissions set up by the government periodically as employer of labour. In their views Damachi and Fashoyin (1986,p 86), observed that public sector bargaining structure is a mis- norma, for management to negotiate with each level of union. They observed the exceptions where negotiation or consultations take place at departmental or ministerial levels and also the existence of two central negotiating councils for junior staff in the civil service is at variance with the structure of management, furthermore, they argued that since the industrial union structure is the reason for organization of workers, one council would have been appropriate for all the junior employees.
Banjoko (2006,p 98),sees government as employer of labour having relegated the process of collective bargaining to the back ground and arrogated to itself the responsibility which both employer and employee ought to perform in the industrial relations.
Corroborating Banjoko’s views, Imafidon, (2006,p 79),averred that, though government as a state authority set up councils to negotiate for salary increases and other condition of service in the public sector, it is evident that government has taken over the system of wage fixing in Nigeria. The creation of wage tribunals and commissions are eloquent testimonies of the relegated collective bargaining structure in the sector.
2.6.2 Private Sector Collective Bargaining
There are two distinct Trends and Patterns of collective bargaining in the private sector, which are the company level and the centralized level. The collective bargaining in the private sector has always been used to conclude collective agreements, settle disputes and maintain industrial harmony. It is a trend in the private sector bargaining for both parties to draw procedural agreements which determine issues to be negotiated
at either level, that is, through the National Joint industrial council (NJNC), or other matters to be handled at the company levels.
It is worthy of note at this point, that the central level negotiations and agreements thereof, cut across all employer organizations, for instance, the main collective agreement of 1990 between the Nigeria Employers’
Associations of Banks Insurance and Allied Institutions (NEABIAI) and association of Senior Staff of Banks, insurance and Financial Institutions (ASSBIFI) listed such items like, Salaries, Leave conditions and leave, redundancy, hour of work, disciplinary procedure, allowances, inconveniences, transport, medical, housing, acting and relief duties, utility and other sundry benefits.
These items for negotiation at the central level are all encompassing, as whatever agreement reached cut across all employer organizations, whereas, issues like canteen facilities, shift arrangement, home ownership scheme, are handled at respective company levels where union at the branches are at liberty to negotiate according to their peculiarity. Diali, (1971) 68, while observing the merits and demerits of the industry wide bargaining, stressed that whereas, the industry wide bargaining will prevent the unfair exploitations of a weak employer by a powerful union, also it enhance a uniform conditions of service in the industry which leads to an equitable system of remuneration for all employees in the industry, immense contribution towards the maintenance of a stable labour force, and by extension reducing the rate of labour turn over in the industry. Nevertheless, in doing so, the interest of more productive workers may be neglected as both productive and non-productive workers would be remunerated equally, which comes with it attendant repercussions.
Akintayo, (1983, p 49), observed some problems associated with the industry wide bargaining, when he opined that some of the affiliate companies may not be able to pay the wage agreed, due to their sizes, thus may resort to downsizing of the work force, which reduces the bargaining power of the union at that level, therefore, suggested that Labour should consider all variables in
negotiation, before making high demands of their employers, as the repercussions might be colossal.
From the foregoing, it could be deduce that, there are disparities in the trends and patterns of collective bargaining in the selected public and private institutions in Nigeria. While the public sector adopted the wage tribunals and commissions, for wage increase, the private sector negotiates with labour at different levels to maintain industrial relation. The public sector seemingly is unilateral in its decision in wage increase, as sometimes, wages awards are implemented without due consultation with labour, whereas the private sector utilizes a tripartite mode of bargaining to ensure industrial democracy. Where employees are part of every collective agreement reached with employers.
2.7 Theoretical Frame Work
Academic research cannot be completed withouta theoretical learning. The theory must be one that has direct bearing on the problem being investigated. In this study, we shall be making use of Classical Theory. The theory was promoted by Webb: The Webb’s classical theory of collective bargaining originated towards the end of the 19th century. He observed collective bargaining as a method by which the labour tries to protect and improve the working conditions of their working lives by legal enactment and mutual insurance.
According to him, collective bargaining is nothing but the equivalent of individual bargaining. The trade unions apart from their organizations building activities, providing members with various kinds of benefits, also bargain with their employers for their members collectively and press for legislation, which favors their interests, similarly they see collective bargaining as an alternative to the method of mutual insurance and legal enactment. Furthermore, collective bargaining is seen as an economic process, conflict of employment which workers enter into with the employer, thus forcing the management against its will, by strikes and sanctions, as a way of extracting the most favourable terms from the employer.
From the foregoing it is worthy of note that classical theory of collective
bargaining of the Webbs, connotes that, for any industry to thrive, there must exist an industrial democracy, an inclusive and all participatory environment between the employer and the employees. The crux of collective bargaining in the public or private institutions is to ensure a streamlined condition of service relating to wages, salaries, medical, leave period and it allowances, and sundry welfare conditions for workers which inadvertently will translate to higher productivity due to mutual insurance on either side.
Domesticating this theory to our work, it is pertinent to point out that the industrial democracy and the cordial industrial relations anticipated in the industry is imbedded in the trends and patterns of collective bargaining adopted by the institutions. Where there is workers inclusion and participation in the institutional decision making mechanisms, there is bound to be mutual industrial co-existence between management and the employees, more so, where collective agreements are implemented as and when necessary, there will be no industrial disputes or intermittent crises within the work place.
2.8 Methodology
This refers to the framework used in the collection and analysis of the research work. It is an important aspect of research and provides the platform from which answer to research questions will emerge. Furthermore, methodology presents the approaches and methods that will be deployed to source, gather, present and analyze data. The methodology of this research include:
a. The Research Design
A research design is a. systematic plan showing how data relating to research problem is to be collected, analyze and interpreted. It is a plan or strategy designed to systematically solve research problems of interest to the researcher at a particular time. The research design performs some inportant functions which include:
i. It helps in the delineation of the research purpose and boundaries.
ii. It provides the researcher with the necessary framework or blue print for tackling research problems.
iii. It acquaints the researcher with the potential solution to the problem being investigated. With all these in mind, this study adopted the qualitative research design.
b). Source of Data: As a historical, discriptive and interpretive research, data was predominantly sourced from secondary sources. The secondary data were obtained from library sources, documents, textbooks, journals and newspapers.
c). Method of Data Collection
Apart from newspapers, journals and in relation to building a theoretical and conceptual framework, information and ideas from foreign and local magazines, monographs etc were use
d). Data Analysis
Since the data for the research is predominantly of secondary origin, the descriptive and qualitative analysis of data was adopted.
3 DATA PRESENTATION AND ANALYSIS 3.1 The role of Collective Bargaining in Containing Industrial Disputes
There are several factors found to be inhibiting the cordial industrial relations in the work place, which lead to industrial disputes. These factors range from lack of employee participation, non-inclusiveness of employees, unilateral wage awards and most time non implementation of collective agreements reached by both parties.
According to Kester (2006, p68), Nigeria has no definite and effective wage determination policy, hence the industrial relations system has been witnessing a spate of industrial unrest(dispute) and tensions at every attempt to adjust wages, and over the years issues related to wages have dominated industrial and work stoppages in the economy of nation.
In the views of Rose (2008 p101), collective bargaining could be seen as the means of resolving work place conflicts (disputes) between Labour and management.
In an all-inclusive definition of collective bargaining, Egbo (1987, p66)
quoting Davey, views collective bargaining as those formal and informal procedures of accommodation through which an employer or a group of employers and their organized workers attempt to establish a mutual relationship which allows them to achieve their respective goals. This involves the formulation of industrial agreements, the application of those agreements to enhance the productivity and the solution of the inevitable differences which arise over their interpretation and application.
The importance and contribution of collective bargaining to industrial harmony cannot be over emphasized, as the platform through which both management and employees seek to interact to ensure industrial harmony.
The collective bargaining serves as a wheel of progress in the industry, as regular interaction between both parties evicts suspicion and tension in the work place. The regular interaction paves way for mutual agreement under which employees shall render the services in the organization and vice versa. Collective bargaining create an atmosphere devoid of rancor, thus, the management is therefore compelled under this practice (regular interaction) not to wait until there is industrial crisis or disputes before engaging the employees representatives in dialogue towards ensuring harmonious co-existence in the organization.
3.2 The Trends and Patterns of Collective Bargaining: it’s Impact on Development of
Private and Public Institutions
An organization exists at the instance of the efforts of both management and employees, who are the operational movers of activities in the organization, therefore, the two parties co-exist and interact in the course of the day to day activities of the organization. This implies that, there is a defined relationship between the both parties, which is more of operational and contractual purpose.
Industrial relation embraces all aspect of the relationship between individual worker or groups in the course of organizational operations.
Collective bargaining as enunciated in previous chapter entails Trends and patterns of negotiation to ensure industrial peace. As aforementioned, the
Trends and patterns of collective bargaining in the industry may either create an atmosphere of rancor, or industrial harmony.
The disparity in Trends and Patterns of collective bargaining in both public and private institutions as referenced previously has shown that, the Trends and Patterns adopted in negotiating issues concerning wage, salaries and general conditions of services of employees would certainly affect the industrial relation of the organization. It has been observed that the pattern adopted by the public sector is entirely different from the private sector; hence more industrial crisis (disputes) are experienced in the public sector than the private.
Whereas the public sector adopts the wage awards, wage tribunals and wage commissions which is a clear negation of the international Labour organization (ILO) conventions, in wage increase of employees, the private sector adopt the tripartite pattern which allows the management to interact with workers to determine the working condition of both parties, which has enhanced a relative industrial democracy or cordial industrial relation devoid of disputes within the organization. The utter neglect of workers participation in negotiating the welfare of employees with management inadvertently will create rancor in the industry.
According to Derbyshire and Patterson (1979, p1), industrial relation is the relationship between the people who are employed and the people who employed them. Kempner (1980, p199), views industrial relation as the complex of relationship between employees, management and government, together with their respective organizations, trade unions, employers associations and government agencies. In a broad spectrum, it could be deduced that, the trends and patterns adopted in a negotiation of the workers conditions of service, will greatly enhance and affect the industrial relations of the organization, thus management should adopt the patterns that would enhance workers participation in the negotiation of their general wellbeing, as this will in turn cause them (employees) to give their best for higher productivity in the industry.
4 CONCLUSION AND RECOMMENDATION 4.1 Conclusion
From the findings of this study, for any industry to thrive, it is expedient to retain and maintain industrial democracy, where there is an all-inclusive and participatory trend and patterns of collective bargaining between management and Labour union. The work has exposed some of the reasons there had been industrial disputes in the industries, be it in the public or private sector. A good industrial relation creates an ambience of prosperity, as workers give all their best for the continuous growth of the institution, whereas the state of neglect or non-inclusion portends loggerheads between management and employees.
4.2 Recommendation
Having critically perused the trends and patterns of collective bargaining in some selected institutions in the public and private sectors in Nigeria, it has been discovered that, there are variations between both sectors, therefore, we recommended that.,
1. There is need for the harmonization of the collective bargaining in both sectors.
2. The public sector should jettison the wage tribunals and commission’s pattern, which is a spillover of the colonial era, and embrace the new trend of bargaining which is an all- inclusive participation of both management and employees, as practiced in the private sector.
3. The unilateral pattern in the public sector should be reversed; the government should stop arrogating such bargaining powers to it.
4. Collective agreements reached with labour should always be honoured by government.
5. Let there be a streamlined Labour union, rather than the multiple levels of councils used by government to the detriment of the employees.
6. Nigeria being a member of the international labor organization, should strictly adhere to the conventions of the organization, which has mandated a free and fair collective bargaining between government and its employees.
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