Labour Bill: NLC Plans Mass Action
Senate begins legislative process
By Chris Nwachuku in Lagos and Kola Ologbondiyan in Abuja
A nationwide mass action appears imminent in the country as Nigeria Labour Congress (NLC) yesterday declared its resolve to mobilise Nigerians against the passage of the Labour Bill which went through the first reading in the Senate.
Labour at an emergency meeting of its central executive council in Lagos also said it will oppose the speculated increase in prices of petrol products.
NLC said it would unveil a programme of mass action after the emergency meeting of its national executive council on Monday.
Its President, Adams Oshiomhole, said the threat of outlawing the movement would not affect workers commitment to protect the socio-economic right of Nigerians and affirmed Labour's readiness to confront government over any unjust policy
Speaking after the meeting, Oshiomhole said, "From Monday, we shall decide on how to mobilise Nigerian people to resist not only the labour law, but all unjust policies'.
He noted that labour is being persecuted because of its defence of the people and urged Nigerians not to display apathy in the face of such attack on the workers' union.
Oshiomhole also reminded the National Assembly that democracy will not flourish if the bill is passed without reflecting the wishes and fears of the people. He noted that the only offence which the NLC is being persecuted for is because it enjoys the support of the people.
"We have resolved to make a passionate appeal to National Assembly and to remind them that they have joined Labour through motions in condemning fuel price increase for which we are being persecuted. We have never taken any decision that is in conflict with National Assembly. Since we are not being condemned for selfish reasons, we expect the National Assembly to deliberate on the bill and ensure that the fears and wishes of Nigerians are upheld" said the NLC President.
Oshiomhole appealed to Nigerians to rise up and speak in one voice against the current action of Federal Government, requesting religious leaders to make it a prayer issue in mosques and churches this weekend.
"We must depend on Nigerian people to defend us, since we are being attacked for defending them," he said.
On the spate of arrest of NLC leaders as a result of the campaign against Labour bill, Oshiomhole noted that the history of unionism is a history of struggle and does not impact on the congress activities. "These arrests are to be expected. It will not weaken our commitment to the struggle," he said.
Oshiomhole urged President Olusegun Obasanjo to have a rethink on this issue in the interest of Nigeria. He stated that if he was able to live with workers movement for five years, he should be able to accommodate the body for the remaining two and half years of his second tenure.
He, however, declared that the current battle over Labour bill would not affect NLC's resolve to resist any increase in fuel prices.
"On oil, with the prices at $50, we are convinced that our arguments that government should not pass international prices rate to Nigerians is justified. To encourage such high price regime will compromise all known objective of NEEDS (National Economic Empowerment and Development Strategy).
"CWC has resolved that should this increase happen again, we will do the same thing as we have done in the last five years. With the subtle campaign to increase the prices, NLC is ready to resist it and urge Nigerians to do so too," Oshiomhole added.
Meanwhile, the Senate yesterday began the process of amendments to the Trade Union Act which seeks to remove the NLC as the only central labour organisation by expanding registration of federation of trade unions, as well as making check off dues to trade unions voluntary.
The Federal Government also asked the Senate to amend the Trade Dispute Act to outlaw strikes in the public education and health sectors without detriment to workers' right to negotiate conditions of service, as well as to bring the Trade Dispute Act in consonance with democratic norms and with standards of the International Labour Organisation (ILO).
Both amendment bills scaled the first reading of the Senate yesterday. The Trade Union Act (Amendment) Bill 2004, sponsored by the Senate Majority Leader, Senator Dalhatu Sarki Tafida, sought the amendment of Section 12 of the principal Act by inserting subsection 4 to read that "notwithstanding anything to the contrary in this Act, membership of a trade union by employees shall be voluntary and no employee shall be forced to join any trade union or be victimised for refusing to be a member of any trade union."
The amendment to Section 16 (A) states that "upon the registration and recognition of any of the trade unions specified in the third schedule to this Act, an employer may - (a) subject to the express consent of a worker who is eligible and willing to be a member of any trade union, make deduction from the wages of such worker for the purpose of paying contributions to the trade union so registered; and
"(b) Pay any sum so deducted directly to the registered office of the trade union, provided that compliance with the provisions of this Act shall be subject to the insertion of a "No Strike Clause" in the relevant Collective Bargaining Agreements between the workers and their employers."
Section 17 (1) of the Act is substituted with the provision that "(1) Trade unions may, with the express authority of members, pay to the appropriate registered federation of trade union out of the contribution received from their members, a sum equivalent to 10 per centum of the total sum received or such sum as may, from time to time, be specified in the constitution of the registered federation of trade union concerned."
Also, Section 30 of the principal Act is amended by inserting immediately after the existing subsection (1) thereof, the following new subsections (1A) and (1B); "(1A) Notwithstanding the provisions of subsection (1)(a) of this section, the Minister in his discretion may approve that members of two or more trade unions whose members are not employed in the same trade, occupation or industry, or in substantially similar trades, occupations or industries, form a registration of federation of trade unions, if it is in the public interest so to do.
"(1B) Upon an approval being given by the Minister under subsection (1A) of this section, the Registrar shall cause the registration of the federation of the trade union in accordance with the provisions of this section of this Act.
"Immediately after the existing subsection (5) thereof, there shall be inserted the following new subsection (6) that is -
"(6) No trade union or registered federation of trade unions, by whatever named called, shall embark on a strike action unless upon a resolution passed by at least two thirds majority of the members of the trade union or registered federation of trade union, as the case may be, approving the strike action."
An amendment is also being sought for Section 42 of the principal Act by inserting immediately after the existing subsection (1) thereof of the following new subsections 1(A) and 1(B) -
"1(A) It shall not be lawful for any one or more persons acting as aforesaid to subject any other person to any kind of constraint or restriction of his personal freedom in the cause of persuasion.
"1(B) No trade union or registered federation of trade union or any member thereof shall in the course of any strike action compel any person who is not a member of its union to join any strike or in any manner whatsoever, prevent aircraft from flying or obstruct the highways, public institutions and public premises or of any kind for the purposes of giving effect to strike." Part 111 of the principal Act which recognised NLC as the "Central Labour Organisation" is to be deleted.
In the Trade Disputes (Essential Services) Act amendment also being sponsored by Senator Tafida and the Senate Committee on Environment chairman, Senator Ibiapuye Martyns-Yellowe (PDP, Rivers West), all the words in Section 1 of the principal Act are to be deleted and replaced with, "It shall be an offence under this Act for any trade union or association, any of the members of which are employed in any essential service or services in the public sector to (a) engage in acts calculated at total disruption of the running of any essential service; (b) where applicable, wilfully fail to comply with the procedure specified in sub-section (3) of this section, or in the Trade Disputes Act in relation to the reporting and settlement of trade dispute.
"(2) Without prejudice to the provisions of sub-section (1) of this section, any trade union or association any of the members of which are employed in essential services in the public sector which is aggrieved in respect of the reporting and settlement of trade disputes may, after due notification of 14 days to the Industrial Arbitration Court, the responsible Ministry and agencies of Ministry and the general public, embark on a minimal or restricted service hereafter in this Act referred to as "work-to-rule" for a period not exceeding 14 days, and thereafter return to full services.
"(3) Before the expiry of the 14 days of "work-to-rule the Industrial Arbitration Panel shall commence work of adequate, impartial and speedy conciliation and arbitration proceedings pursuant to relevant sections of the Trade Disputes Act (1976) for decision on the standing dispute within four weeks, which decision shall be binding with equal force on all parties to the disputes."
According to the amendment to Section 2 of the principal Act, "any employer or any official of an association of employers or any official of trade union or any person, not being an official of trade union, who in any way performs or assumes leadership role in any such trade union or faction thereof and has, where applicable, wilfully failed to comply with the decision of the arbitration," would "on conviction be liable to a demotion in office by a promotional grade. In addition, any such person may be banned for up to ten years from participation in the settlement of trade disputes".
Also, "if the President is satisfied that any trade union or association officials or leaders of which are guilty of offence and sanctioned in accordance with the provisions of subsection (2b) of this section continues in acts calculated to disrupt the smooth running of any essential services, he may by order published in the federal gazette proscribe the trade union or association and the proscribed organisation shall as from the day of the order cease to exist.
"Where a proscribed organisation is a trade union the union shall, not later than 14 days from the date of the order under subsection (3a) of this section surrender its certificate of registration to the Registrar of Trade Union who shall forthwith cancel such registration.
"As from the commencement of an order under subsection (3a) of this section, all properties (whether movable or immovable) of the proscribed organisation whether held in the name of the organisation or held by any person for or in trust for the organisation shall be forfeited to the Federal Government and shall vest in the government free of encumbrances without any further assurance apart from this subsection.
"Any person who holds any property referred to in subsection (3c) of this section shall within 14 days of the making of an order under subsection (3a) of this section, or where the property comes into possession after the making of the order, within 14 days after the property comes into his possession, deliver such property to the Secretary to the Federal Government or notify him in writing of the place where the property may be recovered and, in the latter case, shall take all other steps as the Secretary to the Federal Government may require in the recovery of such property.
"Any person who contravenes or fails to comply with any of the provisions of subsection (3d) of this section shall be guilty of an offence and shall on conviction be liable to imprisonment not exceeding five years," the amendment further sought.
As part of efforts to rally senators of the People's Democratic Party (PDP) extraction for the bill, the PDP National Chairman, Chief Audu Ogbeh, yesterday visited Senate President Adolphus Wabara to ascertain the position of the PDP caucus on the bill.
THISDAY gathered that Tafida, who received Ogbeh in the absence of Wabara, assured that the labour reforms amendment bill that would have the imprint of the Senate would be acceptable to all Nigerians.
Tafida also told Ogbeh that the Senate is re-working the bill to ensure that the democratisation of the NLC would meet the standards set by the International Labour Organisation (ILO).
|
