MODULE 5: COLLECTIVE BARGAINING
ABOUT THE NLC STATE LEVEL SCHOOLS
The NLC State Level Schools have the broad objective of promoting and
strengthening membership involvement in trade union activities through
provision of skills needed for effective worker participation. To achieve this,
information that serves as a basis for trade union policy formulation, review,
implementation and engagement will be provided to participants.
The State Level Schools consist of 10 weekly education sessions of a day per
week. They are organized in each of the 37 NLC State Councils and run in
venues convenient to workers in the states. Two trained state-level facilitators,
identified by the State Administrative Council (SAC) of each of the 37 NLC
Councils are responsible for the facilitation of each of the sessions. For
administrative purposes, the country is divided into six zones and each zone
comprises between 5 to 7 states. Two advanced educators, who are members of
the National Co-ordinating Group are responsible for the supervision of each of
the zone. Supervision requires each of them to visit a location during each
session.
Participants are drawn from unions in every state. Each union in the state is
invited to nominate a participant who must attend all sessions of the school. It is
projected that each of the 37 school sessions will have a maximum of 40
participants. At least 30% of the school participants would be women.
Who can use the book?
This module is an effective toolkit for:
Union Educators
Training Co-ordinators
Curriculum Developers
Trainers.
It is effective in organizing peer educators training and study circle trade union
education in the workplace. For effective delivery of knowledge/skills to a
specific target group in the workplace, which can ensure a sustainable education
programme, the training can be organized for evening or weekend session
This is to strengthen union leadership and responsibility leading to an efficient
and effective organizational development.
How to use
This
resource
book
is
designed
to
facilitate
the
implementation
of
the NLC Statelevel Schools. They are weekly educational sessions taking place
simultaneously in all the 37 State Council of NLC. Two (2) trained facilitators in
each of the state councils will guide participants through the modules utilizing
the under-listed methodology:
1.
Participatory/ Active Learning Method
2.
Brain storming
3.
Group work
4.
Practical task
5.
Discussion group
6.
Report at plenary
Using the above educational approach, opportunity, is given for sharing
experience, cross-fertilization of ideas among participants to arrive at a
collective solution to trade union challenges.
Also
it enhances development of practical skills needed for
effective day-to-day trade union activity.
It also empowers participants to organize effective trade union
education in the workplace.
ACKNOWLEDGEMENTS
The NLC State Level Schools is a product of years of planning and organizing. It
is essentially an attempt to ensure the full implementation of the NLC education
policy. Its conception and design draws a lot of input from union educators who
have demonstrated commitment, enthusiasm and resilience. We particularly
wish to acknowledge the contributions of the following educators:1.
Bello Ismail and Funmi Elesho National Union of Textile; Garment and
Tailoring Workers of Nigeria (NUTGTWN)
2.
Wilson Ezuruonye: - National Union of Civil Engineering Construction,
Furniture Wood Workers (NUCCEWW)
3.
Afolabi O. Olawale: National Union of Petroleum and Natural Gas
(NUPENG)
4.
Musa Ukpo - Amalgamated Union of Public Corporations, Civil Service
Technical and Recreational Services Employees (AUPCTRE)
5.
Femi Adeniji - Non-Academic Staff Union of Educational and Associated
Institutions (NASU)
6.
Tunde Olagoke
-. National Union of Chemical, Footwear, Rubber,
Leather and Non-Metallic Products Employees (NUCFRLANMPE)
7.
B. O. A. Ayelabola - Medical and Health Workers Union of Nigerian
(MHWUN)
8.
Valentine Udeh, Maureen Onyia and Rita Goyit - NLC National
Secretariat.
9.
Florence Ekpebor National Association of Nigerian Nurses and Midwives
(NANNM)
10.
Lukman Salihu, former Head of Education/Training
Department of NLC
These educators who were the core team in driving NLC education programmes
did all the background work leading to the development of this module. The
leadership of their unions has been very supportive and responsive to challenges
of developing programmes and has never relented in releasing these Comrades,
often times at very short notice.
This module also drew input from the Congress of South African Trade Unions
(COSATU) and Trade Union Congress of Ghana. Two comrades, Emelia Ghansah
and Eddie M. joined the team of NLC Educators in the Module Development
workshop, which held from October 4 - 8, 2004 in Abuja, Nigeria to develop the
initial draft of the modules. Also, Comrade Bobby Marie, who has been providing
technical input to the NLC in developing educational materials and programmes
made valuable inputs into the contents of the modules.
We also acknowledge the special roles of some union leaders who have
demonstrated
special
interest
in
the
development
of
union
education
programmes. In particular we wish to acknowledge the contributions of
Comrades S. O. Z. Ejiofoh, Peter Adeyemi, Emma Ugboaja and Issa Aremu.
We also appreciate the efforts of Olaitan Oyerinde, Owei Lakemfa, Esther
Ogunfowora and Tahir Hashim all of NLC National Secretariat who made inputs
in the recent review of the modules
The leadership of our state councils has made a lot of input in shaping the
content of the State Level schools. Their critical response to our proposals
during the Strategic Planning Conference led to a number of very fundamental
amendments to the structure and content of the school programmes. The State
level facilitators who participated in the Training of Trainers programme using
the draft module also made very important contributions.
We specially acknowledge the support of the NLC President and General
Secretary who always encouraged us to be focused ourselves in developing
grassroots programmes
This module aims to assist participants
Understand the process and importance of Collective Bargaining
Appreciate the importance of the role each party plays in the
bargaining process.
Understand that Collective Bargaining is about power relations
between employer and employees
This session is designed to last at least 3 hours as follows:Introductions (15mins)
Facilitators/Participants Introductory discussion (15mins)
Participants activities (90mins)
Summary (30mins)
Introduction to the Readings (30mins)
Activity 1: Understanding Collective Bargaining
Aims:
To understand what Collective Bargaining is
Know the contents of Collective Bargaining
To understand the process of Collective Bargaining
To become aware of the power aspects of Collective Bargaining
Tasks:
Introduction
The Facilitator introduces the subject with a general discussion and checks how
many of the participants have collective bargaining arrangements in their
workplace or sector.
Worksheet
Discussion One: What is Collective Bargaining
Working in small groups develop your responses to-the following questions
1.
What do you understand by Collective Bargaining?
2.
Who are the parties in collective bargaining?
3.
What are the roles of the parties in collective bargaining?
4.
Give examples of Collective Bargaining issues
Discussion Two: The Content of Collective Agreements
Collective Bargaining when successful, results in Agreements between the
workers union and management.
There are two types of Agreements
A Substantive Agreement (which deals with issues that give
workers direct benefits, usually economic)
Procedural Agreements (which are usually rules and procedures
that govern the interaction between workers/unions and management.
From your own understanding, give examples of Substantive issues and
Procedural Issues.
The Facilitator comments on participants responses.
Substantive Agreements
Procedural Agreements
Discussion Three: Debate on the Power of Collective
The facilitators will place you in one of two groups. Prepare your arguments for
one of the following positions and be prepared to debate it
Group 1:
Collective Bargaining is a tool of the employers to co-opt union leaders so that
they can force agreements on workers and ensure that the workers do not
revolt.
Group 2:
Collective Bargaining is an important right for workers; it enables them to build
their own collective power against the absolute power of employers.
HANDOUT: COLLECTIVE BARGAINING
Introduction
Collective Bargaining is the process of negotiation between employers and
workers on terms and conditions of employment. It involves the setting of terms
and conditions of employment and the procedure for resolving workplace
conflicts. Collective Bargaining and negotiation are often interchangeably used.
Collective bargaining describes the process of reaching understanding between
two parties in workplace. Negotiation on the other hand is the act and the skill
of gaining concession and reaching consensus. Workers however must note that
with the principle of consensus, one of the parties emerges with some
advantages over the other. In the private sector, the management represents
employers, while in the public sector the government as an employer is
represented in the Negotiating Council by the Head of Service. The trade unions
represent workers in both sectors. The outcome of the negotiation between
employer and trade unions is the signing of a contract, referred to as the
“Collective Agreement”. The contract, which is binding on both parties, is usually
made up of two parts.
At the end of the debate the facilitator will summarize the key issues raised.
The Facilitator will comment on how the union could use collective bargaining to
build workers power and fight co-option of its leadership.
Substantive Agreement
This deals with terms and conditions of employment including issues such hours
of work, wages, allowances and other benefits.
Procedural Agreement
This concerns issues of rules and regulations governing interaction between
employers and workers’ unions; for example, union recognition, and composition
of the negotiating council, disciplinary procedures.
Parties in collective Bargaining
There are usually three parties in collective bargaining which includes:Workers
or
Unions Employers
their
or
their
representatives for
representatives for
example the Trade
example
Employer
Association The employers may be government for public sector or private
employer.
The third party is usually the government agencies or ministries such as the
Ministry of Labour or the Industrial Arbitration Panel (IAP)
It should be noted that usually, the workers/their representatives and
employers/their
representatives
are
consistently
visible
in
the
collective
bargaining processes.
Government agencies come in if there are needs for interpretation of clauses or
resolutions of conflicts arising out of the process of Collective Bargaining.
Roles of parties in Collective Bargaining:A. Workers or their Representatives
1. Collate collective demands of workers
2. Represent the interests of Workers in the Collective Bargaining processes
3. Oversee the implementation of collective Agreements
B. Employers or their Representatives
1. Represent the interest of the employers against the demands of the workers
2. Implement Collective Agreements
C. Governmental Agencies
1. Protect the interest of the Public
2. Serve as the impartial arbiter in case of problem arising from the Collective
Bargaining processes
Background Information
Framework for Negotiation
The primary aim and objective of Collective Bargaining is for the employers
represented by the management and the employees represented by the trade
unions to discuss and reach agreement on terms and conditions of service. In
addition it ensures that both
parties in the work environment relate under the legal agreement as enshrined
in the Labour Laws and practices of the land.
In the public sector, the Joint Negotiating Council (JNC) does negotiation at the
national level. The JNC is made 'up of the representative of public sector unions
and the federal government. At the State Level, negotiation is conducted by
the representatives of State public Joint Negotiating Council (SPSNC), which
comprises of public sector unions, and the State Government.
Collective Bargaining is not deeply rooted in content and practice in the public
sector unlike the private sector where it is well structured and institutionalized.