MANAGING INDUSTRIAL DISPUTES IN NIGERIA (A STUDY OF ACADEMIC STAFF UNION OF UNIVERSITIES (ASUU)

ABSTRACT This study examined Managing Industrial Disputes in Nigeria: A study of Academic staff union of Nigerian Universities, Chukwuemeka Odumegwu Ojukwu University, Uli campus. The broad objective of this study is to examine the effects of managing industrial disputes on the organizational performance. Conflict is a disagreement among parties. During the course of the, relevant literature were reviewed, a sample size of 297 was gotten from the population using simple random sampling. Data was generated using five scaled structured questionnaire ranging from strongly agree to strongly disagree. Hypotheses were formulated and tested using the Chi Square analysis. Findings revealed that Bad employer-employee relationship leads to the incidence of strikes and lockouts in the organization; Findings from the study also revealed that Non implementation agreed wages and salaries will lead to strike action, also allowances and fringe benefits due to lecturers are not paid regularly, and there are no checks in place to ensure that agreements made between ASUU and government is implemented. It was recommended that In order to stop the incessant strike action and curtail the numerous negative effects on performance, the government should learn to be responsive to its action. Let their word be their word which will gain them integrity and trust from their citizens i.e. they should adhere to agreements reached with this union which will inevitably quell the occurrence of incessant strike action and improve performance. It was also recommended that government should Endeavour to make sure that all outstanding stipends, allowances and fringe benefits accrued to the union is paid regularly to prevent the reoccurrence of any form of disputes. managing industrial disputes.

AN OVERVIEW OF MANAGING INDUSTRIAL DISPUTES IN NIGERIA (A STUDY OF ACADEMIC STAFF UNION OF UNIVERSITIES (ASUU) CHUKWUEMEKA ODUMEGWU OJUKWU UNIVERSITY, ULI CAMPUS)

CHAPTER ONE

• Introduction
• Background of Study

Industrial dispute is said to be defined as any dispute or incompatibility of interest between employers and employees connected with employment or unemployment. According to Anugwom (2007), Industrial dispute usually starts in form of grievances in which case an employee’s right is considered to have been mishandled. Most people tend to see the concept strike and industrial disputes as the same thing but the two concepts do not convey the same meaning because strike is only part of industrial disputes i.e strike is a form of industrial dispute. Strike action most times is used in putting pressure on management, employers or government to look into addressing the subordinates need.

The first use of the word strike as a tool of industrial dispute appeared in 1768 when sailors in support of a demonstrations in London ‘struck’ or removed the top gallant sails of merchant ships at port thus, crippling the ships. The first historically certain account of industrial disputes was towards the end of the 20^thdynasty  under pharaoh Ramses 111 in ancient Egypt on 14^th November 1152 bc. The artisans of the royal necropolis at dier el medina walked off their jobs because they had not been paid. The word strike action only became a feature of the political landscape with the onset of the industrial revolution. For the first time in history, large numbers of people were members of the industrial working class, they lived in cities and exchanged their labour for payment.

In 1842, the demands for fairer wages and conditions across many different industries finally exploded into the first modern general strike in London. The history of industrial disputes in Nigeria can be traced down to the colonial era by the railway workers corporation which was led by pa micheal imodu against the excesses of the colonial masters. From then till this 21^st century, there have been many other industrial disputes by different unions like the NLC, NMA, JUHESO, PENGASSAN , ASUU and the latest dispute being among the state government workers especially from Rivers and Osun states respectively. This research is however interested in the activities of ASUU as a union.

ASUU (Academic Staff Union of University Workers) was formed in 1978 as a successor to the Nigerian association of university teachers formed in 1965 and it covers all academic staff in federal and state universities in the country. This union emerged from the beginning as a fighting organization, from the military regime, they have embarked on national strikes to obtain fair wages and university autonomy which led to its being proscribed and its property seized. It was allowed to function in 1990 but after another strike, was banned on 23^rd August 1992. However, an agreement was reached on the 3^rd of September 1992 that met several of the union’s demands including the right of workers to collective bargaining. After the return to democracy in 1999, it continued in demanding rights of university workers against opposition by the then president Olusegun Obasanjo.

In 2007, ASUU went on strike for three months, in May 2008, it held a two one week warning strikes to press demands including salary improvement and reinstatement of some dismissed lecturers. In June 2009, they went on an indefinite strike over disagreements with the federal government on an agreement reached with the union two and a half years earlier. After three months, they signed a memorandum of understanding with the government and called off the strike. However, on 1^st July 2013, ASUU embarked on another strike which lasted for 5 months and 15 days as a result of non implementation of agreements made previously on issues which includes; proper funding of the universities, the revitalization of Nigerian universities as well as certain earned allowance which was claimed to be in arrears of 92 billion naira. It was however called off after another agreement was reached. (wikipedia). These incessant disputes have been as a result of non implementation of agreements between the government and the union and it has led to many consequences in line with meeting their established demands. Some of the implications according to kazeem (2009) includes the brain drain from the country and fall in the educational standard of the country leading to backwardness in the educational sector, loss of school calendar days, graduation of half baked graduates as a result of rush to meet up with the calendar days therefore releasing book graduates incapable with competing in the real world as well as increase in social vices by these idle students. Invariably, it appears that the loss overweighs the gains of the struggle. According to Adesulu (2012), there is no university system in the world with no history of industrial disputes. However, our in Nigeria is extreme with strikes lingering for months. It is therefore in this context that this research aims at looking into managing industrial disputes in Nigeria higher institution of learning.

• Statement of Problem

Industrial disputes is one that has eaten deep into the Nigerian public service and the use of indefinite strike especially in the educational system as a means of expressing their grievances has worsened the case. Most employees especially those who work in the public sector are represented by unions who act as umbrella and a link between the employees and their employers and this means that they determine or tend to influence the working condition of employees. Sometimes, disagreements or differences usually break out in the cause of the negotiation between the employers and the union in a bid to reach an agreement and this result to dispute which is then expressed in form of strikes and lockouts. Blyton (2008) conducted a study that revealed that employees do not put up their best performance at workplace when they are unhappy with management, government or even fellow colleagues. This bad employer-employee relationship therefore leads to the incidence of strikes and lockouts.

ASUU as a union has given in to the use of indefinite strike in the expression of their grievances. The problems inherent are in relation to certain conditions that need immediate attention as it is considered a lifeline to the sustainability of the academic condition of our country which is consequent upon our survival as a whole and our ability to compete with other nations in terms of knowledge and practicability as the world today is evolving to one where a nation is considered strong not by the nature of its armory, but the nature of knowledge that could safeguard its sovereignty. But the union argues that the government has failed to heed to its recommendations and consequently demand to improve the level of performance in the sector by putting in place necessary conditions to attain the anticipated condition.

Another problem is the negative consequent effect of this disputes, especially strike action embarked by the employees to get their demands on the performance of organizations and the society as a whole: the students as individuals and the parents. As the saying goes, when two elephants are fighting, it is the grass that suffers. This further even includes the welfare and life of union leaders because most times during the strike they go for months without salaries and no means of income.

Also industrial disputes, especially strike action and lockout to the educational system has lead to an increase in cult activities around our campuses and exposed our future leaders to different social vices. The incessant strike action has also affected the quality of learning in our institution due to the constant interruption of the school’s academic calendar; this has resulted to the injection of half baked graduates into the economy.

Further problems are in relation to the recalcitrant attitude of the government in putting in place and ensuring that agreements made previously with the union are been implemented to avoid the occurrence of another strike raising questions if the requisite bodies have been put in place to ensure that both parties honor their parts. The government has failed to adequately implement the wages and allowance agreement reached between itself and ASUU and also make adequate fund available for necessary infrastructure such as classroom blocks, hostels, research labs, electricity, etc. needed to promote effective learning.

• Objectives of Study

The general objective of the research is to examine the effects of industrial disputes on the organizational Performance.

The specific objectives include:

1. To examine the relationship between industrial disputes and Organizational performance.
2. To identify the effect of strike action on the performance of Nigeria Higher institutions
3. To identify the conditions that has necessitated the use of industrial action in Nigerian higher institution.
4. To determine measures to ensure proper implementation of agreements made between the government and ASUU
5. To proffer solution to the incessant disputes between Federal Government and ASUU.
   • Research Questions
6. What is the relationship between industrial disputes and organizational performance?
7. What effect does strike action have on the performance of Nigerian Higher institutions?
8. What condition necessitates the use of industrial action in Nigerian higher institution?
9. What measures can be used to ensure proper implementation of agreements made between the government and ASUU?
10. What are the solutions available towards ending the incessant disputes between federal government and ASUU?
    • Research Hypotheses
11. Hi. There is significant relationship between industrial disputes and organizational performance

Ho. There is no significant relationship between industrial disputes and organizational performance

2. Hi. Strike action has an effect on the performance of Nigeria Higher Institutions

Ho. Strike action has no effect on the performance of Nigeria Higher Institutions.

3. Hi. There are conditions that necessitate the use of industrial action in the Nigeria higher institution.

Ho. There no conditions that necessitate the use of industrial action in the Nigeria higher institution.

• Significance of Study

This study has attempted at providing its views and suggestions on better measures for ensuring implementation of agreements made between the two parties involved i.e government and the union, to serve as a reference to students, for further study on works related to the research purpose, to also suggest to policy makers, employers and managers on how to draw policies that would improve conditions of work of employees, to increase readers knowledge on the components of industrial dispute and suggest better work relation in industrial relation.

Furthermore this study will aid scholars to contribute immensely in the academic circles in carrying out proper research and formulation of relevant theories. Without much ado and will help me to obtain a B.Sc degree.

Finally, the study will serve as a data base for future research to be carried out on industrial disputes in higher institutions.

• Scope/Delimitation of Study

The scope of the research covered managing industrial disputes in Nigeria, a study of Academic Staff Union of Universities (ASUU) Chukwuemeka Odumegwu Ojukwu University (COOU), Uli Campus.

• Limitation of Study

This research faced certain limitations in the course of carrying out the research. Some of the limitations include; lack of time on the part of the respondents in answering questionnaires and questions during interview sessions, fear of being identified as respondents to certain questions in the questionnaires issued out to them and personal bias as regards their stance in the use of strike action to improve performance.

In view of the aforementioned limitations, the researcher made attempts to overcome some of the hindrances by issuing out questionnaires on time thereby allowing the respondents to have enough period of time to fill them out before collection, calling some of the respondents through the telephone to ascertain their free periods for the interview sessions, promising anonymity to the respondents with regards to their response to questions issued out in the questionnaire and because of the dynamic nature of man, tried as much as possible to reduce stereotype and personal bias from respondents through the use of group interview sessions.

• Definition of Terms and Acronyms

INDUSTRIAL DISPUTE; a disagreement between workers and management over pay, working conditions, hour of work, etc. especially one that includes strike. ( Bryan 2013)

INDUSTRIAL RELATION; a network of social relationship between the employees and their unions, employers and their association and government and their agencies in an attempt to regulate terms and conditions of employment and perform other functions that directly or indirectly concern the initiation and sustenance of peaceful and purposeful labour management relations. Anugwom(2007)

STRIKE; a form of industrial conflict defined as dispute of interest between employers and employees connected with employment or unemployment. Strike is workers’ refusal to work as protest for inadequate service or poor condition. Ubi(2013)

ORGANIZATION;  the coming together of a group of individuals working together in a system to accomplish the goals of both the individuals and the organization. Muo(2014)

MANAGEMENT; The personnel having overall planning, directing and coordinating responsibilities of the material, human, financial and informational resources. Management is the process  of  combining and utilizing or allocating an organizations input(men materials and money)by planning, organizing, directing and controlling for the purpose of producing outputs (goods and services or whatever the objects are) desired by customers so that organizational objectives are accomplished. Agwu(1990)

EMPLOYEE; A person or worker who is hired to perform a job In exchange for payment of labour or services.

EMPLOYER;  A person who employs an employee to perform a job.

PERFORMANCE; The amount of useful work accomplished in shorter time and or using less resources towards achieving organizational goal. It can be defined as the outcomes of work. Salem(2003).

ASUU; Academic Staff Union Of University Workers

JUHESO; joint union of health society

NLC: Nigerian labour congress

NMA; Nigerian medical association

TUC; trade union congress.