Managing Industrial Disputes in Higher Institutions in Enugu State (A Case Study of Enugu State University of Science and Technology (ESUT) Enugu)
Chapter One
OBJECTIVE OF THE STUDY
The objective of this study among other things include:
- To examine the nature of trade disputes in institutions of higher learning in Enugu State.
- To examine the problems of industrial dispute management in these institutions.
- To examine the procedures usually adopted by the parties in the settlement of these disputes.
- To examine the factors responsible for trade disputes in the higher institution
- To check if the procedures conform with the stipulation of the Trade Decree Act of 1976 in the resolution of trade disputes.
- To suggest ways of improving the management of industrial disputes in this institution.
CHAPTER TWO
LITERATURE REVIEW
This chapter reviews the existing literature on industrial dispute and their management.
MEANING OF INDUSTRIAL DISPUTE
An industrial dispute is said to occur whenever there is disagreement between the employer and employees on agreed terms of the contract leading to partial or complete stoppage of work.
The trade union decree number 31 of 1973 defined a trade dispute as any dispute between employers and workers or between workers which D connected with the employment or non-employment of he terms of employment of non-employment of the terms of employment or conditions of work of any person while Ubeku (1975) defined grievance as real or imagined complaint by an employee against his employer based on the alleged misinterpretation misapplication or non-application of the terms and conditions of employment. Anaba (1976) observed that disputes can exist between employers and employees or among trade union. According to him there are certain agreement on condition of service remuneration and measure to improve workers welfare need by all parties in a central of employment. A breach of this agreement always leads to disagreement by any of the parties. The ensuring grievance often leads to protest and reaction. Anaba stress that any such condition leading to a industrial disputes industrial dispute can manifest as trade dispute strike lock- in lock – out work to rule sit down strive etc.
Industrial disputes among union members of a trade union rose when disagreement among such member and their leaders result in partial or compete stoppage of work thereby demanding the alternation of the employers or government for intention. Some members of different trade union may disagrees over an issue of common interact which may result in industrial action of great dimension.
The conclusion stress that industrial dispute is a common feature of capitalist economic were a great deal of the workers livelihood depend on negotiated wages and welfare conditions .
CHAPTER THREE
RESEARCH METHODOLOGY
In this chapter the research explained that various method used in carrying out this study
POPULATION
The populations for the study consist of members of the different trade unions in the institution of higher learning in Enugu State and the governing council of these institutions.
Their population is estimated to be 8500
The institution include:
- University of Nigeria Nsukka and Enugu campus.
- Enugu state university of science and technology Enugu
- Institution of management and technology Enugu
- Federal college of education Eha Amufu.
- Osisatech polytechnic/ college of education.
CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS
In this chapter the data collected were analysed and the findings were used to text the hypothesis stated earlier. A total of 382 questionnaires were distributed to the respondents out of these 61 were not returned as those respondents were not in the schools on the day of collection 21 questionnaires were not correctly completed with this only 300 questionnaires were analyzed. This information is shown in the table below.
CHAPTER FIVE
INTERPRETATION OF RESULT FINDINGS RECOMMENDATION AND CONCLUSION
INTERPRETATION OF RESULT
To be able to come up with clear answer to the research questions rained in chapter one the results as contained in chapter four are interpreted below.
RESEARCH QUESTION 1
What is the nature of trade dispute or industrial conflicts in institutions of higher learning in Enugu State?
Table 7 in chapter four addressed this question it can be seen all the respondents have a consensus that trade disputes lock out lock in strike work to rule and sit strike are all from of industrial conflicts in tertiary institutions in Enugu State. 300 respondents that represent the 100 percent at test to this
RESEARCH QUESTION 2
What factors are responsible for trade dispute in tertiary institutions?
Table 8.9 10 and 11 addressed to this research question. Table 8 shows that 8.3.6 percent of the respondents agreed that incessant demand by lectures and other workers for improved working conditions leads to industrial disputes in the tertiary institution. Table 9 shows that government refusal to meet the demand of workers D also a factor for causing industrial dispute which 100% supported.
Again breach of settlement was also expressed as one of the cause of dispute as shown in table 10 which 85.0 respondents relieved. It was also expressed that the implements of unfavorable policies by the government could cause industrial dispute infact 84 percents of respondents expressed this.
QUESTION 3
What are the procedure usually adopted by the parties in resolving disputes?
Table 12 in chapter four addressed this question form the table it can be seen that first consultation between all parties unilateral action by government or governing council appointment of mediator as well as appointment conciliator are all possible procedure or measure adopted in resolving disputes.
RESEARCH QUESTION 4
Are these procedure in conformity with the stipulations in the trade dispute decree of 1979?
Table 14 addresses this question. The summary of the result there shows that such procedure are indeed in conformity with the trade dispute decree as expressed by 61.3% of the respondent while 38.7% disagreed the issue
RESEARCH QUESTION 5
How effective have the settlement machinery been in managing these industrial dispute?
The summary of the result in table 15 in chapter four shows that industrial dispute in tertiary institutions in Enugu State have been effectively managed. While for instance 56 percents of the respondents expressed this, 44 percent expressed the contrary.
RESAERCH QUESTION 6
What are the problems of industrial dispute management in tertiary institution in Enugu State? The summary of result in chapter four shows that there are indeed problems that militate against industrial dispute management in tertiary institution in Enugu State such factors include.
- The attitude of the constituted authorities
- The attitude of the government
- The attitude of leaders of trade union
- Inter-union dispute
- Intra- union dispute
RESEARCH QUESTION 7
Through what ways can he disputes management be improved?
The summary of the result in chapter four show that such can be achieve through
- The adoption of democratic principles in the settlement of conflict
- Provision of training to union leader so that they can understand the dynamics of trade unionism
- The government should always ensure the implementation of terms of settlement.
- Improved relationship between the employers and the employees.
SUMMARY OF FINDINGS
After analyzing the data collected through primary and secondary data the following finding were made.
- Industrial dispute in the institutions of higher learning in Enugu State occur in the forms of lock-out lock- in strike and work to rule all these types of industrial actions exist in the institutions.
- A lot of factors are responsible for incessant industrial actions in the institution of higher learning. Among these are incessant demand by workers for improved welfare scheme, government refusal to meet the demand of the staff and workers for improving working conditions breach of terms of settlement of dispute by the government and implementation of policies by the government against the interest of academic and non-academic staff.
- Industrial dispute are resolved through the following
- Collective bargaining that is joint consultation between the parties in dispute
- Unilateral action or decision by the government
- Appointment of a mediator
- Appointment of a conciliator
- None of the industrial dispute that arose in the institutions has been resolved through intercession of industrial arbitration panel (IAP) or national industrial court (NIC) Rather the resolution has been made through joint consultation between the parties in dispute. This usually conforms with the measure stipulates in the trade dispute decree of 1976 ( Amendment decree)
- On many occasion management of industrial dispute in these institution has effective because both parties adhere to the terms of settlement other times government use the period of long strike to resolve the dispute.
- Industrial dispute management in these institutions faces the following problems
– The attitude of the institutions authorities
– The attitude of the government
– The attitude of the union leaders
– Inter-union dispute
- Intra- union dispute
- Industrial dispute have some adverse effect in the university community these include decline in productivity of all staff deterioration of relationship between staff and government increase in dispute between the parties in dispute and inter/intra union quarrels and others. But if the industrial action is successful it brings about improvement in the welfare of the staff and workers.
- Industrial relations in the higher institutions does not reflect democratic principle and practices. The rules and regulation as stipulated in the trade union decree are often floused. Government intervention in union matters and its approach to industrial dispute is most undemocratic.
RECOMMENDATION
The following are being suggested on the management of inductile dispute in the institution of higher learning.
- The institutions authorities the government and the union leader should use collective bargaining as the only instrument for resolving industrial conflict in the institutions. The government in each cases should renounce forces as the means of dealing effective with industrial disputes.
- The union leaders should be adequately trained in industrial relations. This will ensure that only intelligent leaders who are well trained in industrial maters are elected. The attitude of such leaders should neglect accommodation and compromised in resolving industrial conflicts.
- The government should also provide adequate funds for efficient administration of these institutions. This will make the authorities able to provide adequate remunerations compensation and welfare scheme for the staff. This will always ensure industrial peace in the institutions
- The government should not include in intra-union activities. There should be complete freedom and autonomy for the union so that the system should develop on industrial relations that is truly democratic
CONCLUSION
Based on the research finding the following conclusion can be drawn
- Incessant demand by workers for improved working condition and refusal by the government to meet with their demand often lead to industrial disputes.
- Breach of terms of settlement of industrial disputes and government implementation policies against the interest of the staff also leads to industrial dispute
- Most of the industrial disputes in the institutions are settled through collective bargaining and in some extreme case by unaltered action of the government.
- However the procedure in resolving the dispute do not always conform with the stipulation of the trade union (Amendment) decree of 1976.
- In most cases management of industrial conflicts in those institutions has been effective
- Unilateral action by the government through stance of union members inter/intra union quarrel militate against effective management of industrial disputes in the institutions
- Industrial dispute have always had adverse effects on the relationship between the government and union members. It also leads to decline in productivity loss of man-hours and loss of time in completing
LIMITATION OF THE STUDY
The research encounters some constraints in carrying out this research. First there is inadequate of information and data on industrial dispute in Enugu State tertiary institutions it is a phenomenon, which started in the late 1980, and as such too much studies have not been arrived out of it. The research therefore depended so much on primary sources for data and information used in the study.
Secondly there is problem of inadequate finance to embark on more extensive research thus he limited the scope to management of industrial dispute in Enugu State institutions of higher learning.
Finally, there is time constraint as the researcher was carried out when the school was in session. The demand placed on the researcher by the other academic work severely limit the time available for this study
REFERENCE
- Akapala A, (1990) Industrial Relation Practice in Nigeria Enugu Fourth Dimensions Publishers Ltd
- Ejiofor P (1992) Industrial Relation Management in Nigeria Enugu Forth Dimension Publishers Ltd
- Nchekwube A. (1988) Industrial Relations in Developed Countries Enugu Fourth Dimension Publishers Ltd
- Mgbada F. Deteriorating Industrial Relations in Nigeria (Unpublished Work Paper)
- Nchekwube A (1982) Issues on Industrial Relations in Nigeria Onitsha Ikenga Publishers Ltd
- Ugbaga (1990) Industrial Relations Practice in Nigeria Aba Forntier Publisher Ltd.
- Nezekwe D.O (1989) Trade Dispute Onitsah Ikengo Publishers Ltd
- Okike Causes of Industrial Unrest in Our Higher Institutions Unpublished Interview
- Anugwom G.A (2002) Industrial Relations System in Nigeria Enugu Computer Edge Publishers
