TABLE OF CONTENTS.

1. Chapter One. Introduction. i. ii. iii. iv. v. vi. Definition of topic. Scope. Significance. Methodology. Sources.

2. Chapter Two. Labour activism in Nigeria i. ii. Brief history of labour movement in Nigeria, to 1999. List of Labour unions in Nigeria.

3. Chapter Two. Anti-labour policies. i. ii. iii. iv. Casualisation of workers in Nigeria. Reactions to casualisation by labour organizations. Families at work: First Bank of Nigerias policy on couples. Reactions by Non-Governmental Organizations (NGOs) and organized labour.

CHAPTER ONE.
INTRODUCTION.
The journey of a thousand leagues begins with a single step. Lao Tzu

Definition of topic: The Nigerian Labour Congress (NLC) is the umbrella body of all trade unions in Nigeria. Made up of 29 unions, it represents all shades of workers in the country. One can say, in fact, that the NLC is the mother of the Nigerian labourer, protector of his rights and privileges. Its vehemence in the struggle to wipe out policies that endanger the welfare of its children has given it the status of an opposition party in the often overheated polity of the Nigerian state. Yet it is unrelenting. The topic of this essay is Labour activism in Nigeria: NLCs resistance to anti-labour policies, since 1999. When one looks at the topic, the message is almost instantly if not instantly grasped. A mothers battle to safeguard her fragile babies from he threats that surround them. Put simply, this essay seeks to highlight the different contentious issues between the NLC and the employers of labour in Nigeria. Highlighting theses issues is not enough, though it is necessary. The reactions of the NLC to the anti-labour policies employed by labour

employers will also be put in the limelight, their successes and failures included. Scope of the essay: This essay will focus on the past five years of the fourth republic in the political history of Nigeria. This time-frame is so because this has been the period when democracy as we know it has been practiced in Nigeria. More than before, the individual can express himself, assured of the covering which the constitution provides him. The NLC and any other organization for that matter is not hampered by the fear of military dictatorship or tyranny, and as such, can be as aggressive as the constitution allows. This allows for stable and level plain for the scrutiny of all parties involved. This ultimately leads to an objective study. Significance of the essay: Since 1999, the NLC, using the platform of the new democratic stage, has increased its fight against what it has termed anti-labour policies. Because the constitution of the Federal Republic of Nigeria, 1999, allows for the freedom of expression, speech and unionization among others, the NLC has been able to effectively mount a resistance to policies which it finds appalling. Today, the Nigerian worker, who the NLC claims is the provider of labour, sees himself in a situation where he is like a commodity, disposable at will. The failure of the government to be an unbiased umpire on the economic field has aided the employers of labour to administer more
3

lethally, their policies which worsen the already deplorable state of the worker. So the NLC claims. Policies such as casualisation of workers, outsourcing of workers, and non-unionization of workers are of major concern not only to the NLC, but to the employees themselves. The abovementioned ills will be highlighted in subsequent chapters of this essay, with the reactions of the NLC to the continued implementation of them by the employers of labour. The past five years have been described as a democratic experiment in Nigeria. As earlier mentioned, these years provide for an objective study of the situation at hand. This essay hopes to maximally exploit the opportunity which this period provides. This essay is therefore significant in the sense that it believes that because of the practice of democracy, both the NLC and employers of labour will be free to give any and every useful information which will eventually bring out the whole truth for the appreciation of all. The media as well, should be able to disseminate information without fear of intimidation. Another significance of this essay is the important role which the information it relays will play in the continued effort at the building the Nigerian state. At the end of the essay, it is hoped that another stone has been laid on the foundation of the nation. Methodology:

This essay shall be divided into four chapters, each handling separate topics. The First Chapter introduces the NLC. A brief outline of its history is given, followed by a list of its affiliate unions. In Chapter Two, the essay will focus on the policy of casualisation, discussing the way it is operated. The First Bank of Nigeria (FBN)s infamous policy on couples will also be treated. Chapter Three will focus on other contentious issues between the NLC and employers of labour. Specifically, the focus will be on nonunionization and out-sourcing of workers. Finally, in Chapter Four, there will be a brief summary of the three previous chapters. A few personal opinions will be included here as well. Sources: It is never easy exploring new grounds and writing on a virgin topic. There are no secondary sources of information to consult, and when there are, they are very few, if not scarce. This is the dilemma I face. Primary source are, however, available. They include M. A Tokunbohs Labour Movement in Nigeria: past and present, Funmi Adewunmis edited work, Trade Unionism in Nigeria: Challenges for the 20th century. distant places. This cost a lot in time and money. Yet, it was worth it.
5

It was

however not easy to get at these sources. It required much traveling to

CHAPTER TWO.
BRIEF HISTORY OF THE LABOUR MOVEMENT IN NIGERIA, TO 1999. Labour creates Wealth. NLC Motto.

Man is a social animal. Wherever he resides he seeks to not only assert his dominance, but to protect his interest. These interests can be social, political, economical, cultural or otherwise. The Nigerian worker is human. Therefore, he seeks to protect his interests. A trade union can be defined as a group of workers that are either in the same or different trades who come together to form a common front in order to bargain with the employers, using the principles of collective bargaining, for better pay and working conditions. From the late 19th century when the Royal Niger Company was chartered (1886) to administer, make treaties, levy customs and trade in all territories in the basin of the Niger and its effluents,1 the number of people in paid employment increased. These workers who worked under the system of semi forced labour were recruited from the Chiefs, and worked

under the direction of headmen appointed by these Chiefs. Others were recruited from the small number of primary and secondary schools, whose pupils often abandoned schooling to take advantage of the glittering prospects and enhanced social prestige, attached to white-collar jobs. Those in the category of forced labour considered membership of a protest group as disloyalty to the village Chiefs and elders who got them the jobs. Because of the limitations faced by the semi forced labour groups in fighting for their welfare, the first combination of workers to form what resembled, at least, a trade union was made up of clerical staff and trained apprentices in certain trades. These apprentices formed the nucleus of trade unions among technical workers, and also helped to erode the fear among the group of forced labour.2 Records show that in Lagos an association of clerks in the civil service and an association of clerks in commercial establishments were formed in 1905 and 1911 respectively. Against this background, the first recorded trade union, the Southern Nigerian Civil Service Union, was organized in 1912. It was inaugurated on 19th August 1912, and attended by 33 employees. The Union later changed its name to the Nigerian Civil service after the third and final amalgamation of the Protectorates of Northern and Southern Nigerian that gave birth to modern Nigerian.3 The NCS was, however, a senior officers association, as its, membership was open to only native officials, including those within the rank of 1st class. This union was highly aristocratic and indeed, timid. It was more or less a social organization of intellectuals, who began, even faintly, to see themselves as a class.

On the fourth of February 1919, following an agreement reached between clerks and mechanics, the Nigerian Railway Native Staff Union was launched with 110 members in attendance. According to its constitution, the union was formed to promote official interests and welfare (of the Nigerian Railway) and to inculcate in members the principles of devotion to duty and loyalty to government. The Union will also undertake to seek redress for grievances by constitutional means.4 Even though the union claimed to be all-embracing (excluding labourers), it operated much like NCSU. The technical staff in various government departments especially the Nigeria railway organized on 13th September 1919, to form the Nigerian Mechanics Union. By the end of that same year, the three workers unions had established branches in Benin City, Oshogba Warri, Sapele, Kaduna, Onitsha, Ibadan, Offa, Minna and Zaria.5 The above mentioned unions these were not the only unions at the time represents attempts by manual workers in the public service to organize themselves into one entity which would fight for them. sector. These unions in their own way had successes, which in turn inspired the formation of other unions in the country. For example, the Michael Imoudu-led strike against the Railway Management on January 9, 1920, encouraged other unions to act in the same manner, adopting a radical approach in their struggle for a better work package. The increasing tendency of the unions to get militant in their approach towards unfair government policies prompted the colonial administration
8

In 1931, the Nigerian Union of Teachers was

inaugurated marking the first attempt at unionizing workers in the private

to enact, in 1938, a law which was known as the Trade Union Ordinances. This law came into effect on April 1, 1939. It provided for the registration of trade unions before they could embark on any action which would further enhance their cause. Also, under the law, the unions were also to submit their annual accounts and legal protection of union funds. In order to give the law more credibility, the government established on inspectorate of labour in 1939. The inspectorate was headed by Mr. C.H. Crosdale, a popular senior administrative officer, who was initially assisted by two labour Inspectors. The Inspectorate had its main functions as the organization of trade unions and to effect improvement in labour conditions. The effect of this ordinance was that it professionalized the leadership of the unions and led to the registration of quasi unions because of its loose definition of trade union. Such quasi unions were Ote Tomo Native Herbalist Union (membership 10), Ijebu Produce Traders Union Ibadan, African Petrol and Oil Retailers Association (20) and Lagos Union of Auctioneers (21).6 These unions, once registered, found occasions to throw social parties to which employers (General Mangers) were invited and the speeches were punctuated with demands for improved conditions. The certificate of registration was cherished and
7

regarded as a license to call out workers on strike.

The government, in 1914, enacted two laws to regulate labouremployer relation and to improve the lot of workers who suffered industrial accidents at work. These laws, the Trade Dispute and Arbitration Ordinance and the Workmens Compensation Ordinance, were enacted as a result of the railway Lock-out incident of 1941.

The Trade Dispute and Arbitration Ordinance provided for government intervention in disputes between trade unions and employers. It also provided for a conciliation service through officials of the Department of Labour and for voluntary arbitration machinery at either sides request during a trade dispute. The Workmens Compensation Ordinance provided for compensation to a workman or his dependants if during the course of his work, there was an accident that resulted either in death or incapacity. Up till toady, the provisions of this ordinance still apply. Following the introduction of the three laws mentioned above, the Governments Inspectorate of Labour was transformed into Department of Labour in October 1942 under the leadership of a senior administrative official, Captain Miller. This was done because the machinery of the Inspectorate of Labour was inadequate to cope with the new development. Expatriate labour officers were recruited from the United Kingdom to train the labour leaders. The governments attitude to the trade unions, in this, and many more ways changed for the better. The 1940s ushered in a period, which saw an attempt to form a central trade union. The agitation to form a parent body of all the unions was informed by a need to coordinate accurately the activities of the many unions which were formed as a result of the newly enacted labour laws, and governments repentant attitude to labour unions. Another factor that prompted the desire to form a central union was the introduction, in 1914, of governments General Defense Regulations. This law made strikes and lockouts illegal. The labour leaders felt that the law should affect only essential services and nothing else, as this would be trespassing on the rights
10

of the workers. The leaders observed that it was a difficult battle for any union or sectional formation such as the African Civil Servants Technical Workers Unions (ACSTWU) to fight alone, thus the need for a central labour union, seeing that the issue at hand affected all shades of labour. On the 23rd day of November 1942, a representative meeting of all trade unions operating in and around Lagos was convened, with representatives of 23 trade unions in attendance. Prior to this time, there had been wide consultations among labour leaders and the president of the Nigerian Youth movement, Mr. Ernest Ikoli. At the said meeting, a central union body was formed and christened Federated Trades Union of Nigeria. A resolution was passed and signed by all the presidents and secretaries of all trade unions at the meeting. Among other things, the resolution demanded that government consult labour when formulating policies, which affected it, as well as establish labour councils with legal status to regulate conditions in various trades. A provisional committee of the federation was elected with Mr. T.A. Bankole as president and M.N. Tokunboh as secretary (Tokunboh, 1985). Having confidence in its inherent strength and achievements, the Federated Trades Union of Nigeria convened a conference of trade unions on 31st July 1943. This was the first of its kind in Nigeria, as no other national movement had held a conference prior to this time. The conference was attended by 200 delegates who represented 56 trade unions from all over Nigeria. This conference showcased the unity and vitality of labour as the new power block in Nigerian affairs, and it created a new social consciousness in the mind of workers.
11

At the conference, many decisions were taken, some of which were: Change of name to Trade Union Congress of Nigeria; adoption of a constitution, which allowed for the playing of a mediatory role by the TUCN in any conflict concerning members. These member-unions were however, to retain their individual rights to pursue all matters directly affecting their members. The TUCN only came in where the matter became a general concern of all trade unions. A journal known as The Nigerian Worker was also established. The government recognized the congress because of its great strength and representative nature, and many government committees had representatives of Congress in them. The congress leaders, because of their moderation and dedication to the cause of the workers won great respect. Although the TCN had many lofty ideas at its inception, it could not realize these goals because of disagreements which led to a split within the congress. There are three major reasons that led to this split. In the first place, some officials of the TUCN were accused of weakness and incapability in the leadership of the congress. This was prompted by the allegations that the congress, since inception had become pliable in the hands of the government and its agencies, and thus, was not representative of labour. Secondly, in June 1948, Charles Daddy Onyeama, an Igbo lawyer and member of the legislative council, predicted that Igbo domination of Nigeria is a matter of time 8. This statement led to the feud between the Igbo and Yoruba elements in the congress, which in turn led to the move by a pan-Yoruba group, the Egbe Omo Oduduwa, to strip the Igbos of key position within the congress. This is led to ethnicity within the labour movement.
12

Politically, the inclusion of M.A Imoudu (Secretary General, TUCN) on the National Council of Nigeria and Camerouns (NCNC) delegation to London to protest the provisions of the Richards Constitution brought organized labour into the struggle for independence. This move brought the TUCN into affiliation with the NCNC, despite official opposition. The effect of this was the polarization, along ideological lines, of the labour movement in Nigeria. In one camp were the conservatives who preferred that the labour movement should not participate in politics. These conservatives were in support of the colonial policy on trade unions. In the other camp, the radicals resided. This group, inclined towards Marxism, favoured affiliation to both political parties and international labour organizations. Consequently, at the 1948 conference which was called to resolve this and other problems, the conservatives sponsored a motion to pull out of the NCNC/TUCN affiliation, and were successful. The radicals tried to make the TUCN reverse its decision, but failed. In a swift move, the radicals broke away from the TUCN to form the Nigerian National Federation of labour (NNFL) in 1947 as a rival body to the TUCN. Until the tragic incident in 1949 when defenseless striking coal miners were killed by the police in Enugu, the TUC and the NNFL stayed away from each other. This incident however, aroused nationalist sentiments throughout the country. And so early in March 1950, the TUCN, NNFL and ACSTWU held a reconciliatory meeting in which differences were settled and an agreement to merge into a singular body was reached. As a result of this meeting, the Nigerian Labour Congress (NLC) came into existence in
13

August, 1950, under the leadership of Mr. M. Imoudu (president), F.O. Coker (deputy president) Nduka Eze (secretary-general), N.A. Cole (publicity secretary) and Oparah Eke (treasurer). (Tokunboh, 1985). This first NLC could not progress because the union between the radicals and the conservatives was an uneasy one, thus it crumbled. The immediate problem that led to the collapse was that of the leadership of the body. In the election into the offices of the new body, all the important posts went to the radicals. This led to insecurity in the camp of the enTUCN officials who felt they were being dominated, and as a result, refused to surrender their assets to the NLC. In this way, the NLC was short of funds, and could not carry out its activities affectively. By 1952, due to the guilt felt by the leading trade unionists in Nigeria about the increasing labour disunity in the country, the labour union leaders sought to stop the now normal trend in the Nigerian labour movement. In July 1953, the Railway Workers union organized a labour unity conference, which started the ball that led to the formation of, in August 1953, the AllNigerian Trade Union Federation (ANTUF) rolling. The old problems of radicals vs. conservatives started again. This time around, the pitch was that at the issue of international affiliation. While the former group preferred the World Federation of Trade Unions (WFTU), the latter group preferred the International Confederation Free Trade Unions (ICFTU). In 1957, a motion calling for the affiliation of the ANTUF to the ICFTU was sponsored. This was seen as deliberate attempts by some
14
9

This NLC was the first

mischievous people to cause commotion in this union.

The ANTUF

leadership had, in order to avoid trouble refused to join or to be affiliated to any of the two international trade centers. In reaction to the refusal of the ANTUF leadership to pass the motion, a group broke out and formed a rival body, the National Council of Trade Unions of Nigeria (NCTUN). Because the NCTUN was given official recognition almost immediately after its formation, there was suspicion that government was behind the move. The rivalry between these two groups continued bill late 1958 when union leaders sought to merge to form a common union in the face of governments threat, 10 and the soon coming independence. This led to a series of meetings between the leaders of ANTUF and NCTU who sought to unify. In March, 1959, the leaders agreed to dissolve the two bodies, and form the Trade Union Congress of Nigeria (TUCN) for the second time. As the other unions before it, the TUCN fell because of the same problems leadership positions and international affiliation. Yet again, in 1961 another central body, the United Labour congress (ULC) was formed with the aid of the All-Nigeria Peoples Conference. It was plagued with the same problems. Out of the ULC emerged the Independence Unite Labour congress (IULC) and the United Labour Congress of Nigeria (ULCN). In 1963, out of the ULCN, a splinter group, the Nigeria Workers Council (NWC) emerged. This body had to contend with two others, the Labour Unity Front (LUF) and the Nigerian Trade Union Federation (NTUF). Up to the outbreak of the civil war, there was no labour unity in Nigeria.

15

After the civil war, workers became more militant in their agitation for revised wages and salaries. In response to this, the Federal Military Government appointed a wage commission under the Chief Simeon Adebo. Sensing the need to be unified in order to tender a single and stronger argument, the United Committee of Central Labour Organization (UCCLO) was established in August, 1970, to find ways of forming a new central labour union. The UCCLO was successful to the extent that in December 1975, the second NLC was formed after the dissolution and merger of the ULC, LUF, NTUC and NWC. The machinery for this had been set in motion in 1974 with the Apena Cemetery Declaration (Tokunboh, 1985). The new NLC was not received well by the government which felt it would form an opposition to its policy of labour restructuring and control. Subsequently, the government refused to grant the NLC recognition by placing an embargo on its registration. In this way, government intervention in matters affecting labour had begun (Tokunboh, 1985). Because of this move by government, the third NLC was formed in Ibadan in 1978, even though the process had begum sine 1976. This was followed by governments enactment of the Trade Union (Amendment) Decree No. 22 of 1978 which dissolved the second NLC, recognizing only a central labour union as well as 70 unions including 42 industrial unions which were all to affiliate to the NLC. Not unlike former labour unions, this new NLC was still plagued by the disease of labour disunity. However, despite this problem and the new issue of government intervention in the affairs of labour, this third NLC has remained up till toady. On January 29th, 1999, the NLC held a National Delegates Conference (following the death of Nigerias infamous military dictator, General Sani Abacha), to elect the
16

Current leadership. The NLC of today has Comrade Oshiomhole as its President.

The Industrial Unions of Nigeria affiliated to the Nigeria Labour Congress (NLC)

NAME

Address

President Secretary

and Telephone/email
08023081254 aawun@nlcng.org

Agric and Allied Pot 30 Kuntunku B.Mohammed WorkersUnion of LayoutOff FRCN ( Pres) Nigeria (AAWUN) Road, Lagos R.O.Idumajogwu ( Sec)

Amalgamated Union 9 Aje Street, Yaba M.Amaikeof Public President Corporation, Civil Service Technical S.O.Z and Recreational -Secretary services employees (AUPCTRE)

01- 86637722 aupctre@nlcng.org Ejiofor

Maritime Workers 119 Osho Drive O.IraborUnion Of Nigeria Off Kirikiri Road President (MWUN) S.A. UbaniSec Medical & Health House 2, Biu K.I.Faleye Workers Union of Close, By Oyo -President Nigeria (MHWUN) Street, Area 2, J.A.OgunseyinSection 1, Garki, Sec Abuja

01-7740532, 090-413272 080-22906508 President Gen 08022906506 mwun@nlcng.org 092344259,0804418125 092348687/08044181246 mhwun@nlcng.org

National Association Plot 890, Asaba Pat Eze -President Lagos: 0802322006. of Nig Nurses & Close, Off Emeka M.A. Matu- Gen 2347594,08022231850 Midwives (NANNM) Anyako St, Area Sec 09 2340945 11, Garki Abuja nannm@nlcng.org National Union of Air International C.C. Nnorom- Pres 01 4963812,08023024991 Transport Airport Road, E.D. Fidelis Gen 080 33018168 Employees (NUATE) Beecham Bus Sec nuate@nlcng.org Stop, Ikeja National Union of 310, Herbert B.BabayolaBanks, Insurance & Macaulay St, President Financial Institution Sabo, Ikeja Employees (NUBIFE) M.MammanSec National Union of 200 Herbert Adio 01862577,08022241239 nubife@nlcng.org Gen

Moses- 01 86173, 4710679

17

Electricity Employees (NUEE)

Macaulay EbutteLagos

St, President Metta, P.Kiri-Kalio

08023111732 nuee@nlcng.org

National Union of Rainbow Maritime Moses Gbadebo- 01 7733294 Chemical, Footwear, Crescent, Off Pres 08033084549 Rubber, Leather & Ijoko Road 08033251059 Non-Metallic Emma Ugboaja 08033188747 Products nucfrlanmpe@nlcng.org Gen.Sec (NUCFRLANMPE) National Union of 68, New Ipaja H.AdekweCivil Engineering, Road, Iyana, Ipaja president Construction Furniture & Wood B. Liadi- Secretary Workers (NUCECFWW) National Union of 9, Mortune J.OnyenemereFood, Beverage and Avenue, Lagos- pres Tobacco Employees Abeokuta Express M.A. Kazeem (NUFBTE) Valley Estate, Cement Bus Stop, Dopemu, Lagos National Union of 97 Herbert M.Osuebi Hotels and Personal Macaulay Street, President Services Employees Ebutte Metta, F.Ehi-Iyamu (NUHPSE) Lagos National Union Of 9,Jibowu street, P.AkpatasonPetroleum and Yaba, Lagos President Natural Gas Workers J.I.Akinlaja (NUPENG) 01-8044369 01 4926393 080-33209208 08033209109 nucecfww@nlcng.org 01 7745317,08033032634 08033294691 08033299445 nufbte@nlcng.org

860173,4710679 08023111732 nuhpse@nlcng.org 4706122,5878608 08033016201 08033051883 nupeng@nlcng.org

National Union of 12,Gbaja Street, A. Yabo--President 5851932 Posts and Yaba, Lagos J.O.Odeajo-Sec 5851501,08023379801 Telecommunications Fax:4522636 Employees (NUPTE) National Union of Printing, Publishing and Paper Products Workers (NUPPPROW) Reuben Oke-Pres F.A.Salami- Sec 08022904324 0802290322 08023226640

National Union of Area11, Plot 65, Gidado Hamman- 09 2348472 Road Transport Ahmadu Bello Pre Workers (NURTW) Way, Mohammed Neighbourhood Shuwa-Sec Centre , Garki, Abuja National Union of 64,Olonode B.B. Shop and Street, Yaba, Pres Distributive Lagos S.A. Employees (NUSDE) Sec Anokwuru- 08023013157 08033207754 Babatunde- 08023001331

18

National Union of 10, Acme Road, N.A. Lawal -Pres Textile, Garment Agidingbi, Ogba Issa Aremu-Sec and Tailoring Industrial estate, Workers Ikeja, Lagos. (NUTGTWN) Kaduna Office, B6/8 Kubi Road, Off Nasarawa EXpressway Nigeria Civil Service Union (NCSU) Nigeria Union of 8A,Bola Civil Service, Ebutte Secretariat and Lagos Stenographic (NUCSTAS)

01 4923762/3 080330007845 08033229980 062 231577 062 232438 08022904328

F.C. Edeh 080 33063976 -President N.N. Nwauzor-Sec Street, C.N. Egeonu-Pres Metta, J.C.Adindu

Nigeria Union Of Area 11, Garki A. Smart-Pres 09 2343015 Journalists (NUJ) Adjacent S.U. Leman-G Sec Corporate Affairs Commission,(FCT) or Eric Moore, Close Surulere, Lagos Nigeria Union of Block D, Flat 3 & D.Akinwalere-Pres 08033115049 Local Government 4, Sky Yakasai A.A.Salam 095234981 Employees (NULGE) 08033005810 Nigeria Union Mines (NUM) Of 95/1 Road, Jos Enugu, Andrew Aben-Pre A.Olaniyan

M.Hogan-Pres Nigeria Union of E/9 5050, 02 210085 I.O. Omotosho-Gen Pensioners (NUP) Monatan,Lagos 080 23279666 Sec Nigeria Union of 33 Ekolu Street, D.Maigoro-Pres RailwayMen (NUR) Surulere M.A.Akinyaju Nigeria Union Teachers (NUT) of Dagiri Gwagwalada, PMB 516 I.Omar-President L.S.Zamani-Sec 09 8822107 098822123

022 8102918 Non Academic Staff M.A.Takor-pres NW8/672, Orita 0802224415506 of Universities Peter Adeyemi- Gen U.I, Ibadan 08037871462 (NASU) Sec 08023062719 Radio, Television SW9/927A, Azzez and Theatre A.Demos-Pres Aina Street, Ring Workers E.O.Ademakin-Sec Road Ibadan (RATTAWU) Steel Engineering Workers and 5, Church Street, Monday Aguele-Pres Meiran K.Kadiri-Gen Sec Union 08033023161

19

(SEWUN)

Endnotes.
20

1.

M.A Tokunboh, Labour movement in Nigeria: Past and Present ( Lagos: Lantern books, 1985)p.18

2. Ibid.

3. Dr. B.T Bingel, Understanding Trade Unionism in Nigeria: Historical Evolution and Prospects For Future Development in Funmi Adewunmi, e.d, Trade Unionism in Nigeria: Challenges for the 21st Century. (Lagos: Frederick Ebert Foundation, 1997)p.23

4. Tokunboh, p.20

5. Ibid., p.21

6. Tokunboh, p.36

7. Ibid.

21

8. Adewunmi, p.27

9. Tokunboh, p.51 10. Government had set up a commission, the Mbanefo Commission to review wages and salaries in the public sector, as a response to mass agitations by workers.

11. www.nlcng.org

CHAPTER THREE.
22

CASUALIZATION, AND FIRST BANKS POLICY ON COUPLES.

All animals are equal, but some are more equal than others George Orwell in the Animal farm

Casual1 k /adj3 [A; (B)] not serious or thorough [Wa5; A] (Of workers) employed for a short period of time.1 The worker is the tiniest unit of the large wealth creating, economic machine of any society. He is an inalienable variable in the sustenance of the economic growth and development of any nation. He is indispensable. However, not all workers play by the same rules. While some receive the terms of their employment and get to sign on the dotted lines almost immediately they are employed, others never get to. Thus, while the former have proof of employment the latter do not, and so can be dismissed at will. After all, they are not legally employed. All workers are equal, but some are more equal than others. In its vague sense, casualization can be said to mean the employment of a worker by an employer without any formal agreement or document which sets out the terms and conditions of employment. The employee is thus a worker, and yet not a recognized worker. As one who does a

23

required job and gets paid (even though not regularly) he is a worker; but having no agreement or document to prove this, he cannot claim to be a worker. He can be fired at will. In Nigeria, the Phenomenon of casual workers is rampant. A large percentage of Nigerias workforce is made up of casual workers. This ranges from those working in small companies to those working for the multi-national companies (MNCs). As of April 2002, it was alleged that 50% of Coca Colas workforce were casuals2. Larger companies such as Patterson Zocchonis (PZ) industries, Guinness Nigeria Plc, Dunlop Nigeria and united Africa companies (UAC) were picketed in the past by the NLC because of their continued implementation of the casualization policy. Despite the actions of the NLC in trying to curb this practice, the employers of labour still continue in the practice. The table below, culled from an April 2001 bulletin of the National Union of Petroleum and National Gas workers (NUPENG), shows how much employers prefer casuals to those in regular employment.3 Company Agip Elf petroleum Elf oil Shelly Mobil producing Mobil oil Nidogas National oil Smit Nigeria limited Schlumberger group Workers on permanent job. 211 199 42 520 492 Nil 15 15 25 250 Casual/ contract

workers 1,500 550 132 8,000 2,200 492 150 178 80 1,000

24

It is clear from the above source above (The Punch Newspapers, July, 10, 2001. p. 24), that the number of casuals greatly exceed that of regular workers. It is safe to assume that only the top executive staff or those in key, sensitive positions are permanent staff of these companies. According to Elder Linus Ukamba, the vice-chairman of the NLCs anti-casualization committee, casualization is a direct result of the globalization campaign.4 Globalization is the process of bringing the different communities of the world together into one global village through the use of advancement in science and technology, information, and opening up of boarders and barriers that before separated these communities. has globalization led to, or encouraged casualization? In a presentation made in 1995, Charles Tilly argued that:
Globalization undermines the state which in the past had the capacity to establish and guarantee rights for workers. All rights embedded in nation-states must per force be under threat from growing and the economic increasing internationalization

Thus, the aim of

globalization is to make the world a smaller place. The question is, How

importance of supra-national organization. While capitalists are seen to have taken full advantage of these changes, workers on the other hand, seem sticky, place-bound and slower to react.5

25

In an authoritative report in 1995 entitled Workers in an integrating world (World Bank 1995), the World Bank noted that by the year 2000 less than 10% of the world workers will not be fully integrated into the global capitalist economy, compared to the third of the global labour force which Twenty years ago was engaged in socialist or statistic production relation.6 The drive of globalization to achieve social hegemony over the people of the world is seen as unstoppable by the World Bank and the worlds workers are given on option but submission.7 The above opinions point to the very foundation of globalization enlarged market. Thus, with a goal to increase profit, and with the advantage of closer communities, the employer of labour looks for the cheapest possible means to actualize this. He is faced with the options of either retrenchment of workers or casualization on his quest to cut costs. Casualization seems the more beneficial, so he chooses it. Such is the effect of globalization on workers in their various localities. The Nigerian Labour Act (1971), concerning contract of employment stipulates, among other provisions, that:
Not less than three months after the beginning of a workers period of employment with an employer, the employer shall give to the worker a written statement specifying a. the name of the employer or group of employers, and when appropriate, of the undertaking by which the worker is employed;

26

f. the rates of wages and method of calculation thereof and the manner and periodicity of payment of wages; g. any terms and conditions relating toi. hours of work, or ii holidays and holiday pay, or iii incapacity for work due to sickness or injury, including any provisions for sick pay; 8

The employers of today treat their employer without regard to the labour act. They place their workers on probation periods much longer than the recommended three months stipulated by the constitution. Employers do not have much regard for Nigerian laws. For him (employer), the employment of casual workers means that he cuts costs and turns in more profits. This mean exposing workers to unimaginable work Conditions. Most casual workers have no specified working hours, holidays, maternity leave, safety and health insurance, social security, welfare facilities and other benefits.9 Tony, a casual worker with Lagos state traffic Management Authority (LASTMA) said that as a casual in towing operations, his daily Job is his remuneration, and no salary.10 Casuals can be employed and dropped at will, so they are very pliable in the hands of their employers. The employer, who in his benevolence at times may pay the casual more than his visual salary, is able to make the employees work at odd hours, and even do more than his job requires, without a corresponding reward or extra payment. A casual worker with UAC complained thus: We bake bread from Monday to Friday, with a break on Saturday only. On Sunday, we resume ahead of Monday. The stress is unbearable, with peanuts being the salary.11
27

Despite the fact that casualization hurts the workers mainly, it has some adverse effects on the employers of labour as well. These include: i. Low output as a result of little motivation. Because the casual is not motivated to work, lacking the nice packages offered the permanent workers, and because he has little or no say in the terms of his job and does not associate freely, the casual worker will not put in his best. This results in low output. ii. Unsettled industrial atmosphere. There is usually no room or provision for the casual worker to discuss with his employer, so he relies on hearsay. He is also mostly defensively confrontational and militant in his approach, and this leads to strikes, refusal to work, and other actions which do not generally benefit the workplace. iii. No proper on- the-job training. The casuals work time with the employer is usually limited and unpredictable, as he may be dismissed at anytime. Thus, the employer does not take out the time to properly train him. This in turn leads to low productivity or low quality products. Apart from its adverse effects on the employers, casualization goes a long way to affect the different unions which protect the interest of the workers: i. Loss of members. Every worker has the right to belong to any union. Unfortunately, because the casual is employed under terms dictated by his employer, he is not afforded this right. This leads to the unions losing their members who are, in fact, their strength. In this way, the unions are weakened such that they cannot adequately protect their members interests.
28

ii.

Loss of revenue. As a result of their loss of members, the

unions also lose revenue. This ultimately leads to non-achievement of goals by the unions.12 The forgoing represents arguments from the NLCs point of view. This writer will proceed to discuss the views of affected companies. According to Mr. Olusegun Osinowo, Director General, Nigeria Employers Consultative Association (NECA), casualization is not totally illegal. In his argument, he explained that
we should realize that the concept of casualization itself is not in the labour law. It is in the contrivance of the practitioner, labour and employers, and it is important for us to get an understanding of what casualization means. Within the context, it is not illegal to use casual labour13

Towing along the same line, an official of First Bank of Nigeria Plc argued that every company has a probation period, during which a potential employees application for employment is considered. Of course, such a person will, at that time, be working in the company. According to the said official, the first Banks probation period is six months. The NLC has always, in the light of such statements, argued that the companies usually, in the guise of putting their workers under probation, left these workers as casuals for very long time. Thus, there are situations where one stays as a casual for between ten and twenty years.

29

Despite and sometimes as a result of the disagreement between the NLC and employers of labour, there have been many instances where the two parties have agreed to sit down and dialogue. It is worthy to note however, that almost at all times, these attempts at dialogue have always produced little or no results, thereby increasing the suspicion these two camps have for each other. For example when the NLC planned to picket fifty-three banks which were allegedly operating anti-labour policies such as casualization these banks met with NLC at the instance of the federal ministry of labour and productivity the 2nd of March 2004, and a truce was reached.14 This is but just one of the few success stories. In the past, following the failure of the employers to carry out the terms of a reached agreement with the NLC, or as a result of their outright refusal to meet with the NLC, the labour congress had employed the tool of picketing these companies. Among companies that have played guests to NLCs picking are Songhai packaging limited, First Bank of Nigeria Plc, Afribank PLC, Unilever Nigeria PLC, and Eleganza industries. The immediate results of these actions are that the picketed companies, in an effort to stop further action by the NLC, have written the Congress, asking for a truce. Along with asking for a truce, they have also promised to regularize their casual workers, as well as stop all forms of antilabour practices. Other companies who were not picketed by the NLC, but feared that they would, because of their involvement in anti-labour policies, also called the Congress for negotiations. Others have dragged the Congress to various courts. Whatever the reaction, the fact cannot be denied that the

30

NLC has not only improved the lot of workers, but has also brought to public enlightenment the plight of the Nigerian worker.

FAMILIES AT WORK: FIRST BANK OF NIGERIANS POLICY ON COUPLES.

In April 2001, the first bank of Nigeria (FBN), one Nigerias oldest and largest banks, announced a policy posture which it had undertaken: henceforth, couples were not to work in its employment. The policy was to kick off on 1st June 2001, and couples had up till the 3lst Day of may to decide which one of them would remain in the bank. The reason FBN gave
31

was that it was undergoing reorganization and repositioning under a new management and there was a need for discipline and efficiency. The bank announced that the affected persons would be adequately compensated.15 This policy, the Bank stated, was in line with the industrys best practice.16 An FBN official, during an interview with this writer, gave three main reasons why the policy was undertaken. First, the said official opined1 that the banks decision was hinged on the nature of banking. Expanding further, he argued that the nature of banking was such that it consumed a lot of time, thus a banks employee had to stay long hours away from the home as part of his commitment to the job. Examples abound where a person leave his house in the early hour of the morning to make it to work before the opening time (8:00am), work all day with little time for breaks and stays behind after the official close of work to set his records straight. Considering where he lives, the employee may see himself arriving his home between 8:00 pm and 10: pm. In the light of this, the FBN official said, the banks policy was aimed at creating convenience for the affected couples. According to him, for a worker to be effective, his out-of-job needs should be convenient. Therefore, the employees convenience was at the helm of banks policy decision. The employee should have enough time for his family, especially the children. Secondly, the official pointed out that when bank policies and decisions concerning terms of work are being formulated, the private life of employee is not always considered. Thus, a couple can be posted to two
1

The said official made it clear to this writer that he was giving his own personal opinion, and was not speaking for the First Bank Of Nigeria.

32

different and even far apart locations by the management of the bank. If this happens it means that family is inadvertently flung apart by the bank. This, he suggested, the bank was trying to avoid. The third reason given by this official was on the issue of discipline. According to him, bank workers do not always stays on the same position. There are always transfers and promotion of staff, depending on their productivity or length of stay at a particular post. If this is the case then, what if one employee eventually gets to be his or her spouses boss? What if, for example a woman comes to work and her boss who doubles as her husband asks her why she is late and she replies that she was making breakfast for him and children, how would he discipline her? The official argued that the issue of discipline was therefore, a decisive factor in the formulation of the bank policy. Indiscipline would invariably lead to low productivity. All the arguments put forward by the official of the bank are not very convincing. One has to ask, seeing that the bank is a financial organization and not a non-governmental\humanitarian one, was it purely for humanitarian reasons that it took up the policy stance? Was it purely out of concern for the welfare of the families concerned that it was ready to spend money in compensating workers affected by the policy, and hiring new staff? If the policy stance was mainly out of concern for the couples welfare, why was it not giving as an advice that couples should not work in the same bank at the same time, instead of a law?

33

In fact, all the arguments put forward by the official fell apart when this writer asked the said official one simple question: Under this policy would the bank have employed a person whose spouse was currently in the employment of another bank? The answer was an affirmative, with the excuse that different banks operate different polices. What readily comes to mind is this: do not all banks demand heavy time investment on the part of their employees? Do they not assign their employees to different locations? Do they not promote their employees? The officials opinion that the bank was trying to safeguard both the employers and employees benefits by pursing the policy can at best, be said to be a half truth. Indeed benefits were being safeguarded, but it seemed not to be those of the employee s. As the same official put it, the idea of couples working at the same time in FBN was seen as a likely obvious handicap to work.. It is needless to say at this point that this policy was never implemented. On Wednesday, the 30th of May, 2001, First Bank of Nigeria PLC succumbed to pressure mounted on it by the NLC and NonGovernmental Organizations (NGOs) and announced that it had reversed its policy on married couples. In a memorandum dated 25th of May 2001 and addressed to all heads of departments, branches and regional, offices, the bank stated thus:
We are pleased to advice that management has revisited the issue and decided to allow married couples to remain in its employment.17

The FBN did not change its stance because of a sudden stumbling upon of a new advantage for the employee which it previously overlooked.
34

It was in many ways seen as a male chauvinist organization by various womens rights NGOs, and as an enemy of democracy; a neo-colonialist organization, by the NLC. Part of the arguments made against FBNs policy (by womens rights groups) was that first, the bank was continuing the age old tradition of African societies where womens rights were swept under the carpet. According to Womens Rights Watch Nigeria (WRW), an NGO, the policy meant a sudden loss of job for the woman because, in a patriarchal society like Nigeria, the man would ask his wife to quit the job while he remains. The WRW argued further that the FBN policy was a reversal of the few gains made in Nigeria for the economic empowerment of women. The organization argued that women have an equal access to employment, and that the policy could be coped by other corporate organization in Nigeria.18 Independent observers argued that the policy would have, contrary to the FBN officials arguments, caused problems in many homes. They argued that the affected spouse may find it very hard to get another job, and therefore, hard to contribute financially to the home. This may lead to a situation where one party holds the other to ransom on any minor welfare disagreement, on the excuse that he or she sacrificed his or her job for the other. On its part, the NLC embarked on a nation-wide picketing of the First Bank of Nigeria PLC, which led to the banks withdrawal, on 30th May 2001, of its policy on couples.

35

Endnotes.

1. Paul Procter, chief ed., Longman dictionary of contemporary English (Essex: Longman group limited)p.160 2. The Comet, April 14, 2002. p.23 3. The Punch, July 10, 2001. p.24 4. An interview session with Elder Linus Ukamba, at the NLC headquarters, Abuja. 5. www.protglob.hss.uts.edu.au/p_munk.html 6. Ibid. 7. Ibid.
36

8. The Nigerian Labour Act, ch.198, pt., sec.7, sub.sec1

9. The Punch, July 10, 2001. p.24 10. The Comet, April 14, 2002. p.33 11. Ibid. 12. www.pengassan.org/publications.1.htm 13. The Vanguard, May 2002. p.30 14www.nationalbankplc.com/resources/pressstory.asp?NEWSID =1078301268 15.www.icabissa.org/lists/archives/public/womensrightswatchnigeria/msg00000.html 16. Bola A. Akinlerinwa, conjugal rights: First Bank puts asunder in www.thisdayonline.com/archives/2001/04/09/20010409com01.htm 17. www.kabissa.org/archives/womensrightswatch-nigeria/mg0001.htm 18. Ibid.

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CHAPTER FOUR.

THE POLICIES OF NON-UNIONIZATION AND OUTSOURCING OF WORKERS.

In Union there is strength Aesop

In the first chapter of this essay, a trade union was defined as a group of workers that are either in the same or different trades who come together to form a common front in order to bargain with the employers, using the principles of collective bargaining, for better pay and working conditions. This chapter will focus on the importance of unionization, and the reactions of the NLC to moves by employers of labour to discourage it. Also to be

38

treated, although summarily, will be the practice of out-sourcing of workers by employers. There are twenty-nine government-recognized trade unions in Nigeria. These unions, which are the representatives of their members and their interests, are the workers voices in the workplace and the open market. The workers full strength is realized when he is in his union. As Sun Tzu, the famed Chinese general once said, He whose ranks are united in purpose will be victorious. The International Labour Organization (ILO), in its Right to organize and Collective Bargaining Convention (No. 98) (of which Nigeria is a signatory) recognizes the rights of the worker to unionize and bargain collectively:
Article 1 1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment. 2. Such protection shall apply more particularly in respect of acts calculated to: (a) Make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership. (b) Cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours 39

or with the consent of the employer, within working hours.

Similarly, the Nigerian Labour Act 9 (6) states that: No contract shall:
(a) Make it a condition of employment that a worker shall or shall not join a trade union or shall or shall not relinquish membership of a trade union; or (b) Cause the dismissal of, or otherwise prejudice a worker (i) By reason of trade union membership, or (ii) Because of trade union activities outside working hours or, with the consent of the employer, within working hours, or (iii) By reason of the fact that he has lost or been deprived of membership of a trade union or has refused or been unable to become, or for any other reason is not, a member of a trade union.2

These laws are very clear on their positions concerning the issue of unionization. Many organizations, including the ILO, see the unionization of a countrys work force as a continuation of the culture of democracy in that country. As earlier stated, the Nigerian worker, as a social animal, seeks to protect his rights and interests by joining a trade union. The union is the voice and strength of the workers.

40

The benefits of unionization are tremendous. According to Lawrence Mishel and Mathew Walters report (How Union help all workers), 3 unions have a substantial impact on the compensation and work lives of both unionized and non-unionized workers. According to them: I. Unions raise wages. This is one of the main goals of unions,

and a major reason why workers seek collective bargaining. For over a century, researchers have studied how much wage raises unions have been able to influence, whom for, and the consequences of organizing workers into unions for workers, firms, and the economy. The decision by the Federal Government of Nigeria, in 2002 to raise workers wages by 25% is as a result of pressure put on it by the Nigerian Labour Congress and its affiliated unions to do so. The unionized workers benefit more from the unions in the sense that, because of the agitations by their unions, their earnings exceed that of comparable non-unionized workers. II Unions lessen wage inequality. Historically, unions have raised

the wages of low-skilled workers more than those of high-skilled workers. Again the 25% wage increase agitated for by the NLC is an example. The targeted levels to be affected the most in the civil service, by the increase in wages are the junior levels. Hirsch and Schumacher (1998), in their studies on the universal findings of the intensive literature on unions, wages and worker skills state that:
The standard explanation for this result is that unions standardize wages by decreasing differentials across and

41

within job positions (Freeman 1980) so that low-skilled workers receive a larger premium relative to their alternative non-union wage.4

III.

Unions help secure fringe benefits for their members. Not

only do unions, through frequent agitations, make sure that their members get non-wage packages such as adequate health insurance, they make sure their members get these benefits as, and when due. It is not a rare sight to see either the NLC or concerned unions protesting outside one government parastatal building or another or outside a private company for the payment of fringe benefits due their members. Because of the unions, studies have shown, unionized workers are provided better paid leave and better health and pension plans. IV. Unions help set acceptable work standards, which in turn have a

positive effect on non-unionized workers. If, for example, there is a strong labour union in A industries, non-union employers in such an industry will frequently meet union standards, or at least improve their labour practices beyond what they would have provided if there were no union presence. This phenomenon is sometimes called the union threat effect. It is the degree to which non-unionized workers get well treated by their employers who are trying to forestall unionization. Unions have also, through their presence and activities, set down general practices of labour, which have become the rule. V. Unions enforce the rights of the workers. Through such bodies

as the National Labour Advisory Council (NLAC), the NLC, for instance,
42

has helped in shaping legislations concerning labour. In this capacity (of enforcing the rights of workers) the unions help in three important ways. First, they air the views of workers regarding laws and regulations which they (the workers) need, and have been influential in getting these laws enforced. Second, they educate workers about their rights and available programmes. Third, they encourage workers to exercise workplace rights and participate in programs by reducing fear of employer retribution, helping members with the necessary procedures, and facilitating the handling of workers rights disputes.5 Unions have also been very helpful in ensuring that labour protections are not just paper promises at the workplace. These unions ensure that the workers rights are ensured and that labour disputes are negotiated in such a way that the worker is adequately and fairly treated. Through the process of collective bargaining, the NLC is able to achieve the above stated benefits for its member-unions, and inadvertently, the workers who make up these unions. Collective bargaining is the process of negotiating on a whole range of issues bordering on the regulation of the terms and conditions of employment between workers and employers or government, aimed at collective agreement. The NLC sees collective bargaining as the most rational process of determining and reviewing the terms and conditions of employment. The process manifests the power relationship between the employers and the trade unions.6 It is evident then, from the discourse so far, that unionization is a very essential variable in the survival of the worker in todays Nigeria. So has the NLC argued. However, this view is not shared whole-heartedly by the
43

employers of labour, many of whom are not comfortable with very vibrant labour unions.7 These employers feel threatened by unions who have become so powerful that they can cripple the activities of employers that they perceive as indulging in anti-labour practices.8 In order to curb this therefore, many employers have, at different times and through different methods, sought to water down the influence of trade unions in their different areas of employment. Most employers seek to discourage unionization of workers by discharging from their services key union supporters. Those employees the employers feel are capable of stirring up union sentiments are either sacked or threatened with one if they do not withdraw their support for union activities, especially in the work place. This was evident during the writing of this essay when this writer talked with employees of different companies. These employees, in giving their opinions concerning employer-employee relations, chose to do so anonymously, lest they be reprimanded for sympathizing with the NLC. The UAC worker mentioned in Chapter Three who complained about his working terms and conditions clearly exemplifies this point. Another tactic which employers of labour use in their bid to discourage unionization is the promise of economic incentives to those employees who are not unionized. For example, the employer, in the wake of a threat of a union formation in his company may call his staff and promise to increase their pay if only they do not join any union. This tactic has proved more effective in Nigeria where more than three-quarters of the population live in one form of poverty or the other. Therefore, the
44

employees will jump at any offer of wage increase, even if it means abandoning the plan for a union. Where the employer does not achieve his aim of discouraging union activities by promising to add to their pay, he threatens to deduct from it. Governor Bola Tinubu of Lagos State employed this tactic in 2000, when he threatened to pay striking workers N5500, instead of the N7500 approved as minimum wage for civil servants. The president Obasanjo administration has also tried this trick when it said it would not pay striking lecturers in 2003. Employers often embark on the victimization of workers sympathetic to unionization. Often times, these workers are disciplined for infractions that were previously overlooked by their employers. The reactions of the workers under such conditions usually give their employers the excuse they need in order to sack them. According to the NLC president, Comrade Adams Oshiomhole, Apart from frustrating all efforts of the union at unionization, workers who have indicated interest to be members of the unions have been subjected to varying degrees of dehumanization and victimization, including disengagement from work.9 On its part, the government, as an employer and as one seeking foreign investments, constantly employs tactics which ironically contravenes the very laws it enacted. The government either seeks to water down the strength of unions the NLC in particular by proposing unpopular bills, or by arresting and locking up labour leaders during protests by the unionists over alleged unfair industrial practices. Take for example the events of Wednesday, 5th July 2000. On that day, Mr. Adigun Popoola, a member of the Council of Industrial Unions (CIOU) operating in Lagos State public
45

service was cut down by the bullets of policemen during what the CIOU described as a peaceful procession. As if this was not enough, Comrade Ayodele Adeleke, chairman of CIOU in Lagos State was arrested by members of the State Security Service (SSS) that same day for his participation in the unions protest.10 Comrade Adeleke was to be later shown the way out of the civil service in 2001 by the Tinubu administration in Lagos State because of his leadership role in the struggle for the implementation of the minimum wage agreement of the year 2000. In January 2002 and July 2003, several labour leaders were arrested for addressing mass rallies and organizing picketing in protests against the hike in the prices of petroleum products.11
The new Trade Union Bill proposed by the Obasanjo regime and presently before the National Assembly which seeks to give the government power to de-register trade unions, reveals unambiguously the growing intolerance of the ruling class in general, and Obasanjo government in particular, to the mass and popular opposition to their anti-poor, pro-rich neo-liberal policies of deregulation, privatization, incessant hike in fuel prices, retrenchment of workers and the so-called pension reform. 12

In order to avoid the ugly consequences of strike actions, the NLC and its affiliate unions have always sought to dialogue with employers who they see as defaulting in the area of the protection of the rights of their workers. These meetings however produce little or no results, although they are never short on ideas and theories. When meetings are held in order to resolve any

46

given crises, they mostly end with one party threatening to use force to coerce the other into accepting its own position on whatever matter is before them. Many a time, employers seek to use arm-twisting tactics which are meant to force the NLC to back down on its demands. These employers either go to court praying that the court grant an injunction stopping the NLC from embarking on a proposed industrial action, or they offer the cause and effect option: If the NLCs demands are to be met, workers will have to be retrenched.13 In January 2004, when the NLC planned to picket banks for carrying out anti-labour policies, the banks resolved that if the NLCs demands were to be met, 20,000 workers would inevitably lose their jobs. In such a situation, the NLC often opts for industrial action, as it claims that the employers of labour always turn to cheap blackmail in order to get their way. Consequently, the NLC sensitizes its members to come out en mass for the picketing of such companies. Most times such actions produce immediate results. The employers seek a compromise which they can work out with the NLC. For example, when in March 2004 the NLC made plans to picket 53 banks over non-unionization of their employees especially the non-recognition of the National Union of Banks, Insurance and Finance Institutions Employees (NUBUIFIE) and the Association of Senior Staff of Banks, Insurance and other Financial Institutions (ASSBIFI) the management of the banks resolved to recognize NUBUIFIE and ASSBIFI as appropriate unions to organize employees in the banking industry,14 although systematically, the adjustment would be made. In response to this, the NLC suspended its planned picketing of the banks, although it warned that it would not hesitate to resume actions against any bank that failed to honour the agreement reached.
47

THE POLICY OF OUT-SOURCING OF WORKERS.

An out-sourced worker is one who is recruited by a primary employer (called the labour contractor), and supplied to the secondary employer at a fee not known to the worker. This worker does not negotiate with the employer as he is left with the decision to either take the job or leave it. The liaison between the worker and the employer is usually the labour contractor. Most times, these labour contractors may have retired form the services of the secondary employers. He is paid a negotiated fee determined by the employer and himself. It is not surprising that many times, the fee paid these labour contractors are part of the money that should have gone to the employee. According to Owei Lakemfa, NLCs Head of Information., these outsourced workers are not seen as full workers by the companies that employ them and so can be fired any day. He complained that these workers are guaranteed a job depending on how long the employers terms of contract with the labour contractors specifies.15
48

There really has not been any major face-off between the NLC and the employers of labour concerning this particular practice since everything is brought under the umbrella of casualisation (which has already been treated).

Endnotes.

1. www.unhcr.ch/html/menus/b/j_ilo98.htm

2. The Nigerian Labour Act, ch.198, pt.1, sec.9, sub.sec.6

3. www.epinet.org/briefingpapers/143/bp143.pdf

4. Ibid.
5. (Weil 2003; Freeman and Medoff 1984 and Rogers 1999)

6. http://www.nlcng.org/industrialrelations/policyoncollectivebargain

ing.htm
7. www.ilo.org/archive/press/pressrelease/1997/unions.cfm

49

8. The most potent weapon of the labour union, strikes have been used to cripple the activities of companies which the NLC suspect of participating in anti-union activities.
9. www.vanguardngr.com/articles/2002/southwest/sw426022004/htm

l
10. www.redflag.org.uk/news/nigeria/lagos/us.html

11. www.socialistnigeria.org/unions/2003/211203.html

12.Ibid.
13. www.thisdayonline.com/news/20040301news01.html

14. www.thisdayonline.com/news/20040303news01.html

15. Interview with Owei Lakemfa at the NLC headquarters in Abuja.

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CHAPTER FIVE.
CONCLUSION.

So comes snow after fire, and even dragons have their ending. J.R.R. Tolkein.

This essay has tried to outline some of the major areas of friction between the Nigerian Labour Congress (NLC) and employers of labour in Nigeria from 1999 to the present time. It is hoped that this has been done, even if not as thoroughly as was desired. This NLC, since its formation in 1978 has been engaged in one form of battle or another with employers of labour over industrial sharp practices as the NLC describes them. This has set the NLC on a collusion course with employers, and often times the government, which has come to
51

see and treat the NLC as an opposition party.

The NLC however, is

undaunted in its resolve to keep on fighting for the wellbeing of the workers. In Chapter Three this essay focused on the policies of casualization and the First Bank of Nigeria (FBN)s policy on couples. Of these two and indeed of all policies, casualisation seems to be the greater evil. This practice is one where an employee is not provided any document which outlines his terms of employment with his employer. This puts the worker in a position where he is constantly at the beck and call of his employer, lest he lose his job. Equally unacceptable to the NLC, and indeed all workers, was the FBNs policy on couples. Slated to kick off on the 1st of June 2001, this policy forbade couples from working at the FBN at the same time. To this effect, couples already working at the bank were given until the 31st of May 2001, to decide which one of them would leave the bank. Because of agitations by the NLC, several Non-Governmental Organizations and individuals, the FBN had to drop this plan which it claimed was as a result of reorganization and repositioning under a new management, and in line with industrys best practice. Chapter Four shifted focus to the policies of non-unionization and outsourcing of workers. Next to casualisation, perhaps the policy of nonBy this unionization ranks on the NLCs list of anti-labour policies.

practice, many employers seek to reduce the strength of unions in their different industries by discouraging their employees from joining such unions. In their bid to achieve this aim, employers often use means which are anything but noble and commendable. Different tactics ranging from outright victimization and disengagement from work of union supporters, to
52

the subtle but equally potent tactics of either increasing or reducing or withholding monies of union-supporting employees have been employed by employers of labour in order to quash unions and their activities in their different industries. Out-sourcing of workers seems to be the least important and practiced of all anti-labour practices as defined by the NLC, as very little is said about it. Most times, it is mentioned in passing by the NLC when it is dealing with the problem of casualisation of workers. The NLC has, many times, responded to the employers implementation of these policies by embarking on industrial actions, claiming that all efforts to resolve the problems with the employers have proved abortive. Although these actions normally produce the desired results at least to some extent, it is not always without some cost to the employees, and even the nation. Many a time, because of these industrial actions, the nations economic activities are brought to a near stand-still. At other times, many people either lose their jobs or their lives. Indeed, strike actions are never without casualties on both sides. In an opinion poll taken by the British Broadcasting Cooperation (BBC), there were a diversity of views as to whether the strike actions embarked on by the NLC can solve the problems it has with the employers of labour in Nigeria. Among the many views expressed, people pointed to the governments insensitivity as a major source of encouragement to employers (of which government is one) to continue in their anti-labour policies. These people suggest that the fates of the workers are sealed because of the policies and disposition of the government in power (pronounced President Olusegun Obasanjo). Strikes therefore, seem to be
53

both ideal, and not needed. These people argue that strikes are needed in order to keep the government on its toes all the time. However, on the other hand, since government seems to be oblivious to the plight of Nigerians, they argue that strikes serve no purpose, but only increase the sufferings of the Nigerian workers. This writer supports none of the argument entirely, but suggests rather, that whether strikes are to be employed to get the attention of the employers or not depends on the nature of the situation at hand. This writer believes that as an organization in a democratic setting, the first option open to the NLC in the settling of an industrial dispute should be that of dialogue with affected parties. This will help each party to hear and ponder over the views of the other in a peaceful atmosphere. When this fails, as it almost always does in Nigeria, this writer believes that the NLC should, by all means, embark on an industrial action if it is the only option that will bring the plight of the workers to the attention of their employers. Another area where this writer feels the NLC can, and should explore as it is recently doing, is the area of politics. Since Nigeria has become a highly politicized country, the NLC should not be afraid to test these waters, so that it can have representatives in the corridors of power. This writer welcomes with enthusiasm and anticipation the NLCs support for the Party for Social Democracy (PSD). It is hoped that this support will go further than paper endorsement. The Nigerian Labour Congress (NLC) still has a long way to go in terms of achieving its objectives of protecting the workers rights and
54

fighting for their benefits.

Yet it must continue, for the journey of a

thousand miles begins with one step.

SOURCES.

Primary sources. A. Primary sources. i. Oral Sources. NAME. Mr. Owei JOB. Nigerian Labour POSITION Head Information. PLACE OF RELIABLE. UNRELIABLE.

INTERVIEW. Of NLC Headquarters, Garki, Abuja.

Lakemfa Congress

55

Elder Linus

Nigerian Labour

Head, Administration Organisation; ViceChairman, AntiCasualisation

NLC Headquarters, Garki, Abuja.

Ukamba. Congress. and

First

Committee. Administration. First Bank of of Nigeria, Industry road, Aba.

Bank

Nigeria.

ii.

Newspaper Sources.

1. The Comet, 14/4/2002. 2. The Punch, 10/7/2001; 3. The Vanguard, 15/5/2002.

iii.

Internet sources.
1. www.unhcr.ch/html/menus/b/j_ilo98.htm 2. www.epinet.org/briefingpapers/143/bp143.pdf

56

3. http://www.nlcng.org/industrialrelations/policyoncollectivebarg

aining.htm
4. www.ilo.org/archive/press/pressrelease/1997/unions.cfm 5. www.vanguardngr.com/articles/2002/southwest/sw426022004/

html
6. www.redflag.org.uk/news/nigeria/lagos/us.html 7. www.socialistnigeria.org/unions/2003/211203.html 8. www.thisdayonline.com/news/20040301news01.html 9. www.thisdayonline.com/news/20040303news01.html

10.www.protglob.hss.uts.edu.au/p_munk.html 11.www.pengassan.org/publications.1.htm
12. www.nationalbankplc.com/resources/pressstory.asp?NEWSID

=1078301268
13. www.icabissa.org/lists/archives/public/womensrightswatch-

nigeria/msg00000.html 14.www.thisdayonline.com/archives/2001/04/09/20010409com01. htm

15. www.kabissa.org/archives/womensrightswatch-

nigeria/mg0001.htm
16. www.nlcng.org

B. Secondary Sources. i. Articles and Books.

57

1. M.A Tokunboh, Labour movement in Nigeria: Past and

Present books, 1985)p.18

( Lagos: Lantern

2. Dr. B.T Bingel, Understanding Trade Unionism in

Nigeria: Historical Evolution and Prospects For Future Development in Funmi Adewunmi, e.d, Trade Unionism in Nigeria: Challenges for the 21st Century. (Lagos: Frederick Ebert Foundation, 1997)p.23
3. Paul

Procter,

chief

ed.,

Longman

dictionary

of

contemporary limited)p.160

English

(Essex:

Longman

group

4. The Nigerian Labour Act, ch.198, pt., sec.7, sub.sec1 5. The Nigerian Labour Act, ch.198, pt.1, sec.9, sub.sec.6
6. (Weil 2003; Freeman and Medoff 1984 and Rogers 1999)

58