1.0 Introduction
1.1 Background of the Study
Industrial conflict has been defined by many authors in their perspectives. But before going in details. The meaning of conflict has to be known. Oxford Advanced Learner's Dictionary of current English defined conflicts as a situation in which people group or countries are involved in serious disagreement or argument. The term conflict is seen or experienced in every organization made up of staff and trade unions.
Conflict is based on the incapability of goals that arises from opposing behaviours. Individual differences are bound to produce some conflict, but they will also produce the flexibility, creativity and specialization necessary for modern organization to survive. Having know what conflict is all about, industrial conflict is therefore any dispute or incompatibility of interest between employee and employer or employers and employees connected with employment or non-employment.
In the formation of the nation's industrial policy the federal government was influenced by the country's social and economic conditions and the standards set by the international labour organization (ILO) of which Nigeria is a member.
In Nigeria, trade unions services and industrial relation department are under the federal ministry of labour and productivity they are primarily responsible for the promotion and maintenance of industrial peace and harmony in all trade disputes which have failed to settle through internal machinery designed to reach amicable settlement of disputes.
The increase in strict and industrial tension could be blamed on deeprated suspicions between employers and workers as well as intra-union crises. In a bid to maximize their standard of living which often eroded by initation, workers demand higher pay and better condition of service and employer resist such request because they fear that it might reduce their profits.
The causes of inter and intra union disputes may be traced to communication gap between the official's and member alleged misappropriation or embezzlement of unions found, arbitrary dismissal of national officers by the union, refusal to call national delegated conference as and when due, in recent years, trade dispute especially those of inter and intra union cases have resulted in litigations in the law courts. Some disputes has led to the institution of more than 40 court cases involving different trade unions.
The industrial relations degree of 1996 sets the detail of law disputes between employees and trade union are to be settled. Employers and unions are required to attempt internal settlement through joint constitution and collective bargaining. Where this fails, there is provision for the declaration of formal trade dispute and for the matter to be referred to the ministry of labour and productivity. The ministry can then refer the case to the industrial arbitration panel which renders a binding decision, if any of the parties resorts to the decision. The matter will be lasting referred to the national industrial court.
In the past ten years, the history of industrial relations in our institutions of higher learning is maintain by constant industrial actions. The first was in 1988 when the academic staff union of Nigeria universities (ASSU) embarked on a strike action against their employers. National universities commission and federal ministry of education and their individual universities. Again the academic staff unions of Nigeria polytechnic (ASSP) embarked on a three months nation-wide strike in 2013.
In Nigeria, institutions of higher learning have experience so many period of industrial unrest. Trade disputes are often declared by the trades unions in these institutions. Some of the trade disputes have been resolved through internal conflict resolution while other through mediation and conciliation by a third party. Thus, administrative of industrial conflicts in Nigeria institutions of higher learning have been done through many amicable procedures.
1.2 Statement of the Problems
In Nigeria, a lot of industrial conflicts, disputes have been experienced in the higher institutions by trade union which results to high increase in strike, back-out, dismissal, law off and retrenchment section zla of trade disputes (Amendment) Decree No. 54 of 1997 provides with respect to payment of wages during strikes and lockout that.
- Workers shall not be entitled to any wages or other remuneration for the period of the strike.
- Any employer that lockout workers will pay the wages and other applicable remuneration for the period of the lock out.
Industrial conflict in the higher institution leads to some trade unions or mature staffer to feel defected and demeaned. Some officers in the institution engage in industrial conflict through strike of inability of institutions authority to meet with demand of their employee's it can also sometimes occur as sympathy action in support of member of another institution.
In many trade unions in institution of higher learning strikes are very difficult to resolve because the legal procedures of mediation and conciliation have always proven abortive, it is also difficult to resolve industrial conflict in institution of higher learning in Nigeria. In many institutions negotiations have broken down because of the inability of the anchors at dispute to make concessions to each others demand. The stipulation of trade disputes of decree 1976 of the procedure for the settlement of trade disputes have been flouted through arbitrary use of power by government in forcefully resolving the dispute strike and lock out are resultant effects of degenerated dispute situation which can be resolved by the industrial Arbitration panel (IAP) and National industrial court (NIC) respectively.
1.3 Objectives of the Study
Due to the rate of industrial conflict and trade disputes among the trade union in the higher institution in Nigeria, it has been the desire of the researcher to make people know some of her discoveries and how it can lead to conflict resolution the objectives of the study among other things include:
- To suggest ways of improving the administrative of industrial conflict in these institutions.
- To examine the factors responsible for trade disputes in the institutions.
- To examine the problem of industrial conflict administration in these institutions.
- To examine the nature of trade disputes in institutions of higher learning in Nigeria.
1.4 Research Questions
This study was conducted to answer the following research question.
- What is the nature of trade disputes or industrial conflicts in institutions of higher learning in Nigeria?
- How effective has the settlement of machinery been in managing this industrial conflict?
- What are the problems in appraisal of industrial conflict in Nigeria institution of higher learning?
- To what extent has industrial conflict affected the relationship between lecturers and government?
1.5 Statement of Hypothesis
The following Hypothesis will be tested as regards to industrial conflict
Hypothesis I
- H0: Incessant demand of workers for improving welfare scheme does not often lead to industrial conflicts in the institutions of higher learning.
- H1: Incessant demand of workers for improving welfare scheme often lead to industrial conflicts in the institutions of higher learning.
Hypothesis II
- H0: There is no casual relationship between the breach of terms of settlement of industrial conflict in higher institutions of learning.
- H1: There is casual relationship between the breach of terms of settlement of industrial conflict in higher institutions of learning.
1.6 Significance of the Study
Obviously the significant of the study has been known from the background of the study, but it is very essential to state the importance of this project for clear understanding. This research is significant in many aspects firstly, it will highlight the various factors that often lead to industrial conflicts and also explain the nature of industrial disputes in our institutions, why there has always been break down in negotiation why industrial conflict administrative continuous to be difficult.
The research finding will therefore be useful to the institution authority because it will help then take decisions that will forestall the emergence of situations which will create industrial conflicts. Also, it will help them know how to approach industrial conflicts with a view to settle them amicably.
The finding will make contribution towards successful Resolution of industrial conflicts. It will also be useful to union representatives as it highlights why industrial conflicts after negotiations persist because of their wrong approach to settlements.
Besides, the finding will make all parties in disputes to understand the need for amicable resolution of industrial conflicts or disputes through concessions and compromise. It will make employers, union representative and union member understand the importance of industrial peace as it helps in the development of healthy industrial relations and national development.
Finally, it will be useful to make many students who will carry out a related study in future as the information provided will be very helpful.
1.7 Scope of the Study
The scope of this study is very wide, but the researcher only focuses on industrial conflict and its administrative institutions of higher learning as regards to Federal Polytechnic Nekede, Owerri Imo State. It also covers the area of why industrial conflict and trade disputes persist after negotiating and resolution through conciliation mediation, concessions.
1.8 Limitation of the Study
In carrying out this research, the researcher encountered some difficulties which acted as a limitation to the successful completion and generalization of the work. These difficulties are;
Finance: The financial problem experienced in the course of this work limited me from getting more textbooks, journals, seminar materials, magazines relating to industrial conflicts and its administrative.
Time Constraint: This research work was carried out during lecture period with all it's burning of mid night candle including other problems thereby necessitating the disruption of academic assessment. Attitude of some respondent unwillingness and sometimes burnt refusal to release necessary information.
Library Insufficiency: The insufficient textbooks at the school library also constitutes a problem to the researcher, the library lack books relating to the research topic.
Work Overload: The pressing need to attend lectures coupled with the fact that department work is enormous it constitutes against a thorough and highly intensive research work.
1.9 Definition of Terms
The following concepts are defined within the context of this research work.
Administration: In the words of Adebayo (1981:1). Administration is the organization and direction of persons in order to accomplish a specified end. He illustrated that administrative activity can occur when two men co-operate to roll a stone that neither could move alone: The rudiments of administrative have appeared.
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