Author(s): OGWUELI, AKPENUCHI DANIEL | Vol. 22 (1) April, 2025
Abstract
The employer-employee relationship is characterized by dispute, as the employers want to improve productivity and turnover while the workers desire better salaries and good working conditions. This competitive quest always results in labour disputes. This paper is an appraisal of collective bargaining as a means of settlement of labour disputes in Nigeria. For sustainable industrial peace and development in Nigeria, hence, suitability of the institutional mechanism for collective bargaining and examination of the enforceability or otherwise of collective agreement are the objectives of this study. Collective bargaining is the process of negotiation on the terms and conditions of employment between an employer or employers’ organization and workers or workers’ organization. This research work adopted a doctrinal research methodology where statutes and case laws relating to the areas of research were analyzed. Nigeria is a member of the International Labour Organisation and section 254C (b) and (e) of the Constitution of Federal Republic of Nigeria 1999 (as amended) enjoins the National Industrial Court to interpret and apply international conventions, treaties and protocols relating to industrial relations and workplace and apply international best practices and standards yet Nigerian Courts still hold the view that collective agreement is not enforceable except it is incorporated in the contract of employment. It is recommended that the National Assembly should enact legislation to regulate the practice of collective bargaining, which should establish an independent institution with legal personality to be known as the ‘Collective Bargaining Commission’ to coordinate, manage and supervise collective bargaining in Nigeria.
Keywords: Collective Bargaining, Labour Dispute and Collective Agreement