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Senate passes Labour Bill
From Azimazi Momoh Jimoh, Segun Aiyeoyenikan (Abuja),
HISTORY, at least as far as Labour issues are concerned, was made in the Nigerian Senate yesterday.
It was a day the Nigeria Labour Congress (NLC) was decentralised and strikes outlawed in classified sectors of the economy by the Senators, who passed the Trade Union Amendemnt Bill.
The NLC in a reaction yesterday, described the Senate's action as below expectation.
Another odd features of the Senate proceedings was the poor attendance. The boisterous, backslapping and exchange of pleasantries that usually dominate the Senate sessions were absent.
Worst still, only 36 of the 109 members of the upper legislative house were on hand to pass the bill. Among those present, there was only one voice of dissent. And the lone ranger was Uche Chukwumerije. For his temerity to describe the Senate's action as hasty, he had a running battle with his kinsman and Senate President, Chief Adolphus Wabara.
Chukwumerije who has remained on the opposition since the debate on the Labour Bill began had said sarcastically: "I congratulate the Senate. This is one of the fastest legislations ever passed by this House. I only hope that history will be kind to us."
He had hardly finished his statement when Wabara retorted: "I demand immediate explanation of what you just said. In fact, the Senate demands an explanation, or else there will be a repeat of what happened yesterday (Wednesday) apparently referring to the apology and appearance before the Senate of the Federal Capital Territory Minister, Malam Nasir el-Rufai over his uncomplimentary remarks on the Senators). Enough is enough from you in this Senate."
But Chukwumerije was defiant. He again repeated every word in his earlier statement and then stormed out of the chamber.
As he left, Wabara looked around, gazed at nobody in particular and said: "In view of the un-parliamentary comment made by one of us, let it be on record that 36 senators were present when the bill was passed."
Wabara also stated that the swift passage of the bill was in order and in accordance with the Senate rules.
The passage of the bill was sequel to the adoption of the report of the Senate Committee on Labour and Productivity, which scrutinised the Executive bill and held a public hearing on it.
Curiously, that report was presented by a non-member of the committee, Mohammed Abba Aji, who was selected by Wabara, in the absence of the committee's chairman and deputy.
The amendments in the bill include the provision for a simple majority vote of union members entitled to vote, before a strike can be called, rather than just a "majority" as contained in the original bill. The bill also provides for legal sanctions for violation of some sections while the provisions for arbitration in the Trade Dispute Act, Cap 432 shall apply in all disputes affecting provision of essential services.
Such essential services include fire fighting, hospital, electricity, water supply, aviation, education and communication services.
"The determination of the National Industrial Court (NIC) in all such disputes shall be final," the bill stipulates.
Contrary to the original proposal that put the decision at the discretion of the minister of Labour, the committee recommended complete freedom of trade unions to federate together even if they belong to different trades, industries or occupations.
Presenting the report earlier, Aji enumerated the new features of the amended bill as follows:
* freedom for the worker not just to decide whether or not he wishes to become a member of a trade union, but also to withdraw his membership if he wishes to do so without molestation or intimidation;
* Once a worker has given his written consent for deduction to be made from his wages for the purpose of paying his union dues, there is no need for the employer to require a no-strike clause in the collective bargaining agreement before remitting the funds so deducted to the union.
* the employee has been given the freedom to revoke his written authorisation by which union dues are deducted from his wages if he wishes to do so. This is in consonance with his freedom to withdraw his membership of the union if he wishes to do so;
* The bill allows the registered federations of trade unions to fix fees or dues in their rules or constitutions, which trade unions wishing to join the registered federation will be required to pay. It would be incongruous to suggest that applicant trade unions decide what they want to pay as fees or dues to register federations, which they wish to join;
* To further support the freedom of choice guaranteed under Section 40 of the 1999 Constitution, the committee feels that the bill should allow complete freedom of members of different trades, occupations or industries decide whether which trade unions to belong. The original proposal had given the discretion to the minister to decide.
* The bill set out conditions for embarking on a strike but excludes workers and employers engaged in the provision of essential services from engaging in a strike or lockout. Those engaged in the provisions of essential services are to submit themselves for arbitration or settlement at the NIC where arbitration fails.
* The bill also requires anyone engaged in a strike or lock-out to adhere to a code of good practice and, in particular, to refrain from intimidation or victimisation of other people with the aim of compelling them to work or abstain from work.
* The bill sets out requirements to be fulfilled for any federation of trade unions to be registered and recognised as such. This will help standardised registration requirements and thus allow other federations to be registered apart from the NLC.
According to this bill, any violation of any of the provisions will attract a six month imprisonment or a fine of N10,000 or both.
In a statement, the NLC through its Public Affairs Secretary, Mr. Owei Lakemfa, insisted that Labour expected a more positive action from the Senate than what it passed yesterday.
He said even though the Senate expunged from the bill aspects such as the ban on strike, de-registration of the central working organ of the NLC and powers given to the minister to use his discretion in the registration of workers bodies, the union was not impressed with the Senate for retaining ban on picketing in the bill.
According to the clause passed by the Senate, an act of picketing will attract a jail term of six months or an equivalent fine of N10,000.
Lakemfa said: "For allowing the ban on picketing to pass by the Senate, the act has removed one of the potent instruments used by the unions to demand rights due for the workers."
Lakemfa explained that at least the raw-monster sent to the National Assembly in the name of labour reform bill had been clipped a bit."
His words: "We, however, look up to the House of Representatives for a better deal concerning the passage of the bill".
Lakemfa remarked that "the House of Representatives and the entire National Assembly should be aware that all the forces in the country now could not have been acting in support of democracy in Nigeria today. Therefore, civil society institutions like the NLC should be allowed to exist and vibrant as ever so that it can challenge constructively policies that tend to act contrary to the good of people."
He hinted that the National Executive Committee (NEC) of the NLC might decide on the strategies to pursue its course on the bill.
Also, the Conference of Nigeria Political Parties (CNPP) yesterday criticised the hasty manner with which the Senate passed the bill in the absence of most members of the House and key leaders of` the Senate Committee on Labour.
In a telephone interview with The Guardian, Chief Maxi Okwu, the secretary of the CNPP urged the leadership of the NLC to head for the law court immediately to challenge the "unconstitutional" bill.
Okwu said the CNPP would have been surprised if the Senate acted contrary to what they did because the legislators have "compromised".
His words: "We predicted that the Senators are running the script of President Olusegun Obasanjo. We are having a compromised and impotent Senate."
Also, the Executive Director of the Civil Liberties Organisation (CLO), Mr. Chima Ubani and the National Director of Publicity for Afenifere, Dayo Adeyeye at separate interviews said it has proved beyond doubt that the Senate is nothing but a rubber stamp to the executive.
Ubani said: "If the Senate did that, that is a bad thing. I assure you that this will go down as one of the most infamous piece of legislation that any law making body will possibly make in a civilian dispensation."
Ubani who said the action would be counter-productive, added that notwithstanding the position of the Senate on the matter, the NLC will continue to fight for the masses.
He praised the courage of the members of the House of Representatives who have sent the bill to be reviewed by a committee of the House. He said by their action, they have showed that a level of integrity still resides in the National Assembly.
"My only prayer and hope is that the House of Representatives will look at the issues at stake in this bill more critically and not allow the passage of this law at the end of the day," Ubani said.
In his remark, Adeyeye said the passage of the bill by the Senate shows the kind of people we have at the Upper House.
"It shows that the Senate of the Federal Republic of Nigeria has colluded with the Executive to defraud Nigerians. It is a pity that those who should make laws for the protection of the rights of the commonman are now colluding with the dictators to kill the masses," Adeyeye said.
In the same vein, the Secretary-General of the Nigeria Aviation Safety Initiative (NASI), Capt. Jerry Agbeyegbe has condemned the Senate action on the bill.
The action, he added would greatly cage Labour, even as he faulted the timing. He condemned the various trade unions for not putting their house in order to resist the passage of the bill stressing that the Trade Union Congress (TUC) had been clamouring for the decentralisation of the labour union.
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