AN APPRAISAL OF COLLECTIVE BARGAINING AS A MEANS FOR THE SETTLEMENT OF LABOUR DISPUTES IN NIGERIA

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.