ISSUES AND PERSPECTIVES IN LABOUR UNIONISM. BY ONIKE RAHAMAN

INTRODUCTION

The word trade union and labour union are used as synonyms or interchangeably. According to the Trade union Act of 1973, a trade union/labour union is defined as any combination of workers or employees, whether temporary or permanent, the purpose of which is to regulate the terms and conditions of employment of workers. Similarly, labour union may also be defined as an organisation of workers formed to promote, protect and improve, through collective action, the social, economic and political interest of its members. Of course, the desire to unionize is motivated by desire for better economic working conditions, desire to be heard and for job security.

Labour union can further be defined as an association of employees for the primary purpose of influencing the employers’ decisions about the conditions of employment, guaranteeing job security and seeking redress on behalf of

members in cases of right violation, victimization and oppression by either the Management, Employers or even government. The union may also engage in fraternal activities, political action, training and awareness programmes.

MEMBERSHIP CRITERIA AND GUIDELINESWhen a union is formed, the facilitators/pioneers are to embark on membership drive. The trade union (amendment) Act 2005 has made membership of labour union a matter of choice. The Act makes membership of labour union to be voluntary. However, there are inherent dangers in an employee not belonging to any trade union in the case where an employee may have issues/problems with the Authorities or the employer. From the legal point of view, freedom of Association or right to belong to a union is guaranteed by the constitution of the Federal Republic of Nigeria.

Every employee is therefore expected to express interest in membership of a labour union of his/her choice and consent of the person has to be sought before check-off dues/levies are deducted from salary source of an employee. Payment of due conveys on an employee the right and privileges as a member of a labour union.

THE UNION-MANAGEMENT INTERFACE

Labour unions are vehicles by which employees act collectively to protect their interests. It is saver to agitate as a group/union than for an individual’s employee to take up a fight against the Authorities even if the person is fighting a just cause. Where a labour union exists, it influences a number of organisational activities. For the avoidance of doubts, recruitment policies, hiring criteria for casual labourers, work schedules, job design, redress procedures, safety rules and eligibility for training programmes are examples of activities that can be influenced by unions.

Union cannot operate in isolation from management. There is a kind of interface between the union and management for successful negotiations and harmonious labour relations in any organisation.

The existence of a union serves as a necessary check on any Authority whose policies and decisions are regarded too harsh and unfavourable to the work force in an organisation.

Despite the enormous impacts of trade union on management decisions and policy direction, the union cannot assume management responsibilities. And no management would allow the union to undermine its authority.

While acknowledging the power and responsibilities of management in an organisation, the union may equally criticize or subject to close scrutiny and active challenge any unfavourable Management Policies. However, in performing this role, the leadership of labour unions needs to seek caution and probably avoid actions that would run foul of job ethnics.

Obviously, the awareness that the union may challenge unacceptable policy decisions is capable of stimulating the Management/Authorities to exercise care in shaping personnel policies. The most important factor contributing to sound labour relations is the recognition by the management that its own actions and policies have a major impact on union behaviour. The most obvious and pervasive area of labours’ influence is salary/allowances issues, promotion and other conditions of service.THINGS THAT CAN WEAKEN ANY LABOUR UNION

The union enjoys a lot of influence in labour matters but it is not absolute. Incompetent leadership and faulty approach to issues may reduce the influence of a labour union. When a union also presents unsubstantiated claims or offers falsehood as an information or fact, the integrity of such leaders will be at stake. Poor linguistic and communication skills as required for both oral presentations and written correspondence to the Authorities may have negative effects on the union achievements. Even when the union has reasonable grounds to challenge policy decisions, the versatility, oratory and speech habit of the union leaders could either make or mar the realisation of the objectives the union set to achieve. Segregation, division, disunity, lack of organisation and poor planning are parts of things than can weaken the union. In the period of labour disputes, the activities of ‘sell-outs’ or traitors may constitute hindrances to speedy attainment of goals of the labour union. Looking at it from psychological perspective, phobic attitude of the union leaders may slow down rates of achievements of the labour union. Corrupt practices, compromises and lack of visionary leadership could as well jeopardise the goals of the labour union. Indiscipline among members, envy and lack of will power and courage by members are noted to be parts of challenges that could militate against the success of any labour union.OFFENCES THAT ARE DIFFICULT FOR UNIONS TO DEFEND

The labour unions are expected to defend the rights of their members against oppression and victimization, but there are offences, deeds, actions and behaviours of members which the union cannot fight for or satisfactorily defend.

The below are some of the offences the union cannot defend otherwise the integrity of the leadership of the union will be questioned:Falsification of records (ii) Suppression of records(iii)Withholding of files (iv) conviction on criminal charges (v) Absence from duty without leave (vi) Bankruptcy/serious financial embarrassment (vii) Unauthorised disclosure of official information (viii) Bribery/corruption (ix) Financial misappropriation (x) Sabotage (xi) Sexual harassment (xii) Drunkenness during office hours

From the foregoing, workers are to avoid any form of involvement in punishable offences. Offences which are punishable in civil service and public service are documented in the public service rules, staff condition of service, staff Handbook and the offences in the Criminal Code. Specifically, punishable offences are classified into two categories. In the first category are offences which are non-criminal but violate organisational rules, guidelines, regulations and policy decisions. The rules in the first category are concerned with efficient and effective operation of the system e.g insubordination, rudeness to the superiors, sleeping on duty, backbiting etc. In the second category are criminal offences against existing laws of the country e.g theft, rape, sabotage, assault etc.TYPES OF PUNISHMENTS IN CIVIL AND PUBLIC SERVICE

The punishment for any offence in the public service depends on the nature of offence, existing rules/regulations, defence by the concerned officer/employee and Management discretion and value judgement.

The following are punitive measures and each has implications on personality, record of service and career progression of the concerned officer/employee: (I)Verbal warning (ii) Written warning (iii) Reprimand (iv) Surcharge (v) Loss of pay (vi) Withholding or deferment of increment (vii) Interdiction (viii) Suspension (ix) Demotion (x) Compulsory retirement/termination of appointment (xi) Dismissal from service.BRIEF NOTES ON VARIOUS TYPES OF PUNISHMENTSA verbal warning: This is more of a counselling procedure, designed to change the attitude of an erring officer for the better, than a punishment. It is therefore often not recorded.A written warning: After unsatisfactory response to a query, an officer may be issued a written warning and filed to remain part of service record of such employee. Of course, written warning may delay promotion.Surcharge: This is a stipulated sanction against officers found guilty of a range of accounting offences arising from poor or inefficient management. Such offences include overpayment of salaries and allowances to staff, non-recovery of advances, non-posting of ledger accounts, non-retirement of touring advances etc.

The guidelines on audit queries and sanction may stipulate or attract surcharge in proven cases involving the inflation of contract sums, unauthorised variation of contract sums, inflation of prices of procurements, payment of mobilization fees for jobs not executed. Surcharging offences may lead to delay in promotion, demotion etc.Interdiction and suspension from office: These are related measures normally imposed in the course of disciplinary proceedings prior the dismissal of an officer on pensionable appointment when eventually found guilty of serious misconduct.Either of the two measures is often applied when it is deemed necessary that an officer facing disciplinary action should cease forthwith to perform the functions of his office till his case is concluded either by his ministry, management or court of law, whichever is applicable.An officer is normally interdicted or suspended from work for three months in the first instance if the case remains under consideration or if it is still pending in a court of law. The period of interdiction may be reviewed. Officer on interdiction continues to receive a portion not more than half of their salaries.On the contrary, officers on suspension do not receive any salary whatsoever during their period of suspension till the final determination of their cases. A decision to interdict or suspend an officer from officer becomes effective from the date he is so informed in writing.When an officer is interdicted, he should always be around except granted permission to travel. He must comply with any instruction delivered to him in his residential address otherwise he may face fresh allegation of absent without leave.Reprimand: This has almost the same effect as written warning and it is sometime titled as ‘Advice’.Demotion: This is stipulated as punishment for any officer found guilty of scrapping of government fixed assets and selling them at outrageously low prices to perhaps enrich himself, splitting contracts in order to side track tenders procedure, irregularly awarding contracts, falsification of records, alteration of record etc.Compulsory Retirement: An officer could be compulsorily retired from service if it is found that he is declining in productivity or if he has become so inefficient and ineffective as to become a liability to the system. Similarly, an officer could be compulsorily retired if he suffers from persistent ill-health which warrants his intermittent absence from duty.Dismissal from Service: The severest punishment in the service is dismissal. A dismissed officer on whatever form appointment forfeits all forms of remuneration, be it gratuity, pension or even payment of salary in lieu of notice. Moreover, a dismissed officer is most unlikely to be employed by any government agency, parastatal etc in the future.Depending on the nature of offence, an erring officer annual salary increment may be withheld or deterred, or his salary may be reduced by a number steps.When a officer is to be disengaged he needs to be given at least one month notice or be paid one month salary in lieu of notice.

ISSUES THAT CAN CAUSE EMPLOYEES’ GRIEVANCESIn labour unionism, there are issues that can cause labour disputes. The issues are listed below:(i)Promotion (ii) Compensation/allowances (iii) Disciplinary matters (iv) Leave (v) Supprannuation (vi) Supersession (vii) Transfer (viii) increment (ix) Victimization (x) Unfavourable tax regime (xi) Shifting and overtime.

One key service matter that usually triggers labour disputes is supersession/preferment in which case an officer is made to surpersed his senior colleagues. Essentially, where supersession is allowed, seniority, competence, performance evaluation reports etc are to be critically considered. In cases where junior colleagues of two or three years are favoured to supersede the senior colleague, there are bound to be labour disputes. DISCIPLINARY PROCEDURE FOR SERIOUS MISCONDUCTThe officer shall be notified in writing of the ground on which the disciplinary action is to be taken against him/her.The query should be precise and to the point.It must be relate the circumstance of the offence, the rule and regulations which the officer has broken and the likely penalty.There should be fair hearing and allowance for appeal.In the public service, there are procedures that permit subordinates to appeal to a higher level when they feel their superior is treating them unfairly or not satisfied with decision taken against them. DYNAMICS OF NEGOTIATION AND COLLECTIVE BARGAINING IN LABOUR UNIONISM

Negotiation and bargaining are roughly synonymous. Both emphasize a process of discussion between parties in search of an agreed upon solution. Although the connotation of “negotiation” puts more emphasis on the process of conferring and bargaining connotes more attention to the underlying structure of interests and how it may be modified through agreement.

Collective bargaining is a discussion process between the union and management that focuses on agreeing to a written point of views/decision to be implemented and action to be taken.

Negotiation skills need to be acquired by the unionists, being a major tool required for peaceful resolution of labour disputes. Whenever there is the need to negotiate with the Authorities, the union leaders must ensure the method adopted is able to produce wise agreement between the union and the management and should improve or at least not damage the relationship between the union and the Management. Of equal importance is the fact that in bargaining and negotiation, the union leaders must insist on using objective criteria while resolving labour disputes.

Indeed, collective bargaining has the advantage of settlement through dialogue and consensus rather than through confrontation. Where connective bargaining fails, the arbitrator may have to be invited to mediate. In that wise, the issues in contention are resolved based on the decision of a third party, the arbitrator.

The current trends in collective bargaining include proper understanding of the contentious issues, weigh properly the available options and alternatives, devise strategy to articulate the union demands. At time, the union is required to set up a negotiating team. Of course, the negotiating team, and the respective roles of the members, should be determined before the negotiations. After entering into agreement, there is the need to ensure its full implementation. Also, lobbying, monitoring and consultations have to be made to ensure full implementation of any agreement between labour union and the Authorities.

When agreement is reached between the union and the management, there should be conscious effort to carefully study then details. Before the agreement is signed, there should be proper interpretation of clauses which have potential to result in ambiguities.

The signing of an agreement by the parties involved in negotiation and collective bargaining does not automatically translate into its successful implementation. Any time there is negotiation, the union representatives need to be aware that the date of commencement of the agreement or its effective date of implementation must be expressly agreed upon before signing of an agreement. These are parts of issues we should also note as unionists.

I THANK EVERYBODY FOR LISTENING.

While acknowledging the power and responsibilities of management in an organisation, the union may equally criticize or subject to close scrutiny and active challenge any unfavourable Management Policies. However, in performing this role, the leadership of labour unions needs to seek caution and probably avoid actions that would run foul of job ethnics.

Obviously, the awareness that the union may challenge unacceptable policy decisions is capable of stimulating the Management/Authorities to exercise care in shaping personnel policies. The most important factor contributing to sound labour relations is the recognition by the management that its own actions and policies have a major impact on union behaviour. The most obvious and pervasive area of labours’ influence is salary/allowances issues, promotion and other conditions of service.

THINGS THAT CAN WEAKEN ANY LABOUR UNIONThe union enjoys a lot of influence in labour matters but it is not absolute. Incompetent leadership and faulty approach to issues may reduce the influence of a labour union. When a union also presents unsubstantiated claims or offers falsehood as an information or fact, the integrity of such leaders will be at stake. Poor linguistic and communication skills as required for both oral presentations and written correspondence to the Authorities may have negative effects on the union achievements. Even when the union has reasonable grounds to challenge

policy decisions, the versatility, oratory and speech habit of the union leaders could either make or mar the realisation of the objectives the union set to achieve. Segregation, division, disunity, lack of organisation and poor planning are parts of things than can weaken the union. In the period of labour disputes, the activities of ‘sell-outs’ or traitors may constitute hindrances to speedy attainment of goals of the labour union. Looking at it from psychological perspective, phobic attitude of the union leaders may slow down rates of achievements of the labour union. Corrupt practices, compromises and lack of visionary leadership could as well jeopardise the goals of the labour union. Indiscipline among members, envy and lack of will power and courage by members are noted to be parts of challenges that could militate against the success of any labour union.OFFENCES THAT ARE DIFFICULT FOR UNIONS TO DEFEND

The labour unions are expected to defend the rights of their members against oppression and victimization, but there are offences, deeds, actions and behaviours of members which the union cannot fight for or satisfactorily defend.

The below are some of the offences the union cannot defend otherwise the integrity of the leadership of the union will be questioned:Falsification of records (ii) Suppression of records(iii)Withholding of files (iv) conviction on criminal charges (v) Absence from duty without leave (vi) Bankruptcy/serious financial embarrassment (vii) Unauthorised disclosure of official information (viii) Bribery/corruption (ix) Financial misappropriation (x) Sabotage (xi) Sexual harassment (xii) Drunkenness during office hours

From the foregoing, workers are to avoid any form of involvement in punishable offences. Offences which are punishable in civil service and public service are documented in the public service rules, staff condition of service, staff Handbook and the offences in the Criminal Code. Specifically, punishable offences are classified into two categories. In the first category are offences which are non-criminal but violate organisational rules, guidelines, regulations and policy decisions. The rules in the first category are concerned with efficient and effective operation of the system e.g insubordination, rudeness to the superiors, sleeping on duty, backbiting etc. In the second category are criminal offences against existing laws of the country e.g theft, rape, sabotage, assault etc.TYPES OF PUNISHMENTS IN CIVIL AND PUBLIC SERVICE

The punishment for any offence in the public service depends on the nature of offence, existing rules/regulations, defence by the concerned officer/employee and Management discretion and value judgement.

The following are punitive measures and each has implications on personality, record of service and career progression of the concerned officer/employee: (I)Verbal warning (ii) Written warning (iii) Reprimand (iv) Surcharge (v) Loss of pay (vi) Withholding or deferment of increment (vii) Interdiction (viii) Suspension (ix) Demotion (x) Compulsory retirement/termination of appointment (xi) Dismissal from service.BRIEF NOTES ON VARIOUS TYPES OF PUNISHMENTSA verbal warning: This is more of a counselling procedure, designed to change the attitude of an erring officer for the better, than a punishment. It is therefore often not recorded.A written warning: After unsatisfactory response to a query, an officer may be issued a written warning and filed to remain part of service record of such employee. Of course, written warning may delay promotion.Surcharge: This is a stipulated sanction against officers found guilty of a range of accounting offences arising from poor or inefficient management. Such offences include overpayment of salaries and allowances to staff, non-recovery of advances, non-posting of ledger accounts, non-retirement of touring advances etc.

The guidelines on audit queries and sanction may stipulate or attract surcharge in proven cases involving the inflation of contract sums, unauthorised variation of contract sums, inflation of prices of procurements, payment of mobilization fees for jobs not executed. Surcharging offences may lead to delay in promotion, demotion etc.Interdiction and suspension from office: These are related measures normally imposed in the course of disciplinary proceedings prior the dismissal of an officer on pensionable appointment when eventually found guilty of serious misconduct.Either of the two measures is often applied when it is deemed necessary that an officer facing disciplinary action should cease forthwith to perform the functions of his office till his case is concluded either by his ministry, management or court of law, whichever is applicable.An officer is normally interdicted or suspended from work for three months in the first instance if the case remains under consideration or if it is still pending in a court of law. The period of interdiction may be reviewed. Officer on interdiction continues to receive a portion not more than half of their salaries.On the contrary, officers on suspension do not receive any salary whatsoever during their period of suspension till the final determination of their cases. A decision to interdict or suspend an officer from officer becomes effective from the date he is so informed in writing.When an officer is interdicted, he should always be around except granted permission to travel. He must comply with any instruction delivered to him in his residential address otherwise he may face fresh allegation of absent without leave.Reprimand: This has almost the same effect as written warning and it is sometime titled as ‘Advice’.Demotion: This is stipulated as punishment for any officer found guilty of scrapping of government fixed assets and selling them at outrageously low prices to perhaps enrich himself, splitting contracts in order to side track tenders procedure, irregularly awarding contracts, falsification of records, alteration of record etc.Compulsory Retirement: An officer could be compulsorily retired from service if it is found that he is declining in productivity or if he has become so inefficient and ineffective as to become a liability to the system. Similarly, an officer could be compulsorily retired if he suffers from persistent ill-health which warrants his intermittent absence from duty.Dismissal from Service: The severest punishment in the service is dismissal. A dismissed officer on whatever form appointment forfeits all forms of remuneration, be it gratuity, pension or even payment of salary in lieu of notice. Moreover, a dismissed officer is most unlikely to be employed by any government agency, parastatal etc in the future.Depending on the nature of offence, an erring officer annual salary increment may be withheld or deterred, or his salary may be reduced by a number steps.When a officer is to be disengaged he needs to be given at least one month notice or be paid one month salary in lieu of notice.

ISSUES THAT CAN CAUSE EMPLOYEES’ GRIEVANCESIn labour unionism, there are issues that can cause labour disputes. The issues are listed below:(i)Promotion (ii) Compensation/allowances (iii) Disciplinary matters (iv) Leave (v) Supprannuation (vi) Supersession (vii) Transfer (viii) increment (ix) Victimization (x) Unfavourable tax regime (xi) Shifting and overtime.

One key service matter that usually triggers labour disputes is supersession/preferment in which case an officer is made to surpersed his senior colleagues. Essentially, where supersession is allowed, seniority, competence, performance evaluation reports etc are to be critically considered. In cases where junior colleagues of two or three years are favoured to supersede the senior colleague, there are bound to be labour disputes. DISCIPLINARY PROCEDURE FOR SERIOUS MISCONDUCTThe officer shall be notified in writing of the ground on which the disciplinary action is to be taken against him/her.The query should be precise and to the point.It must be relate the circumstance of the offence, the rule and regulations which the officer has broken and the likely penalty.There should be fair hearing and allowance for appeal.In the public service, there are procedures that permit subordinates to appeal to a higher level when they feel their superior is treating them unfairly or not satisfied with decision taken against them. DYNAMICS OF NEGOTIATION AND COLLECTIVE BARGAINING IN LABOUR UNIONISM

Negotiation and bargaining are roughly synonymous. Both emphasize a process of discussion between parties in search of an agreed upon solution. Although the connotation of “negotiation” puts more emphasis on the process of conferring and bargaining connotes more attention to the underlying structure of interests and how it may be modified through agreement.

Collective bargaining is a discussion process between the union and management that focuses on agreeing to a written point of views/decision to be implemented and action to be taken.

Negotiation skills need to be acquired by the unionists, being a major tool required for peaceful resolution of labour disputes. Whenever there is the need to negotiate with the Authorities, the union leaders must ensure the method adopted is able to produce wise agreement between the union and the management and should improve or at least not damage the relationship between the union and the Management. Of equal importance is the fact that in bargaining and negotiation, the union leaders must insist on using objective criteria while resolving labour disputes.

Indeed, collective bargaining has the advantage of settlement through dialogue and consensus rather than through confrontation. Where connective bargaining fails, the arbitrator may have to be invited to mediate. In that wise, the issues in contention are resolved based on the decision of a third party, the arbitrator.

The current trends in collective bargaining include proper understanding of the contentious issues, weigh properly the available options and alternatives, devise strategy to articulate the union demands. At time, the union is required to set up a negotiating team. Of course, the negotiating team, and the respective roles of the members, should be determined before the negotiations. After entering into agreement, there is the need to ensure its full implementation. Also, lobbying, monitoring and consultations have to be made to ensure full implementation of any agreement between labour union and the Authorities.

When agreement is reached between the union and the management, there should be conscious effort to carefully study then details. Before the agreement is signed, there should be proper interpretation of clauses which have potential to result in ambiguities.

The signing of an agreement by the parties involved in negotiation and collective bargaining does not automatically translate into its successful implementation. Any time there is negotiation, the union representatives need to be aware that the date of commencement of the agreement or its effective date of implementation must be expressly agreed upon before signing of an agreement. These are parts of issues we should also note as unionists.

I THANK EVERYBODY FOR LISTENING.

policy decisions, the versatility, oratory and speech habit of the union leaders could either make or mar the realisation of the objectives the union set to achieve. Segregation, division, disunity, lack of organisation and poor planning are parts of things than can weaken the union. In the period of labour disputes, the activities of ‘sell-outs’ or traitors may constitute hindrances to speedy attainment of goals of the labour union. Looking at it from psychological perspective, phobic attitude of the union leaders may slow down rates of achievements of the labour union. Corrupt practices, compromises and lack of visionary leadership could as well jeopardise the goals of the labour union. Indiscipline among members, envy and lack of will power and courage by members are noted to be parts of challenges that could militate against the success of any labour union.

OFFENCES THAT ARE DIFFICULT FOR UNIONS TO DEFENDThe labour unions are expected to defend the rights of their members against oppression and victimization, but there are offences, deeds, actions and behaviours of members which the union cannot fight for or satisfactorily defend.

The below are some of the offences the union cannot defend otherwise the integrity of the leadership of the union will be questioned:Falsification of records (ii) Suppression of records

(iii)Withholding of files (iv) conviction on criminal charges (v) Absence from duty without leave (vi) Bankruptcy/serious financial embarrassment (vii) Unauthorised disclosure of official information (viii) Bribery/corruption (ix) Financial misappropriation (x) Sabotage (xi) Sexual harassment (xii) Drunkenness during office hours

From the foregoing, workers are to avoid any form of involvement in punishable offences. Offences which are punishable in civil service and public service are documented in the public service rules, staff condition of service, staff Handbook and the offences in the Criminal Code. Specifically, punishable offences are classified into two categories. In the first category are offences which are non-criminal but violate organisational rules, guidelines, regulations and policy decisions. The rules in the first category are concerned with efficient and effective operation of the system e.g insubordination, rudeness to the superiors, sleeping on duty, backbiting etc. In the second category are criminal offences against existing laws of the country e.g theft, rape, sabotage, assault etc.

TYPES OF PUNISHMENTS IN CIVIL AND PUBLIC SERVICEThe punishment for any offence in the public service depends on the nature of offence, existing rules/regulations, defence by the concerned officer/employee and Management discretion and value judgement.

The following are punitive measures and each has implications on personality, record of service and career progression of the concerned officer/employee: (I)Verbal warning (ii) Written warning (iii) Reprimand (iv) Surcharge (v) Loss of pay (vi) Withholding or deferment of increment (vii) Interdiction (viii) Suspension (ix) Demotion (x) Compulsory retirement/termination of appointment (xi) Dismissal from service.

BRIEF NOTES ON VARIOUS TYPES OF PUNISHMENTSA verbal warning: This is more of a counselling procedure, designed to change the attitude of an erring officer for the better, than a punishment. It is therefore often not recorded.

A written warning: After unsatisfactory response to a query, an officer may be issued a written warning and filed to remain part of service record of such employee. Of course, written warning may delay promotion.

Surcharge: This is a stipulated sanction against officers found guilty of a range of accounting offences arising from poor or inefficient management. Such offences include overpayment of salaries and allowances to staff, non-recovery of advances, non-posting of ledger accounts, non-retirement of touring advances etc.

during their period of suspension till the final determination of their cases. A decision to interdict or suspend an officer from officer becomes effective from the date he is so informed in writing. When an officer is interdicted, he should always be around except granted permission to travel. He must comply with any instruction delivered to him in his residential address otherwise he may face fresh allegation of absent without leave.

Reprimand: This has almost the same effect as written warning and it is sometime titled as ‘Advice’.

Demotion: This is stipulated as punishment for any officer found guilty of scrapping of government fixed assets and selling them at outrageously low prices to perhaps enrich himself, splitting contracts in order to side track tenders procedure, irregularly awarding contracts, falsification of records, alteration of record etc.

Compulsory Retirement: An officer could be compulsorily retired from service if it is found that he is declining in productivity or if he has become so inefficient and ineffective as to become a liability to the system. Similarly, an officer could be compulsorily retired if he suffers from persistent ill-health which warrants his intermittent absence from duty.

Dismissal from Service: The severest punishment in the service is dismissal. A dismissed officer on whatever form appointment forfeits all forms of remuneration, be it gratuity, pension or even payment of salary in lieu of notice. Moreover, a dismissed officer is most unlikely to be employed by any government agency, parastatal etc in the future. Depending on the nature of offence, an erring officer annual salary increment may be withheld or deterred, or his salary may be reduced by a number steps. When a officer is to be disengaged he needs to be given at least one month notice or be paid one month salary in lieu of notice.

ISSUES THAT CAN CAUSE EMPLOYEES’ GRIEVANCESIn labour unionism, there are issues that can cause labour disputes. The issues are listed below:(i)Promotion (ii) Compensation/allowances (iii) Disciplinary matters (iv) Leave (v) Supprannuation (vi) Supersession (vii) Transfer (viii) increment (ix) Victimization (x) Unfavourable tax regime (xi) Shifting and overtime.

One key service matter that usually triggers labour disputes is supersession/preferment in which case an officer is made to surpersed his senior colleagues. Essentially, where supersession is allowed, seniority, competence, performance evaluation reports etc are to be critically considered.

Collective bargaining is a discussion process between the union and management that focuses on agreeing to a written point of views/decision to be implemented and action to be taken.

Negotiation skills need to be acquired by the unionists, being a major tool required for peaceful resolution of labour disputes. Whenever there is the need to negotiate with the Authorities, the union leaders must ensure the method adopted is able to produce wise agreement between the union and the management and should improve or at least not damage the relationship between the union and the Management. Of equal importance is the fact that in bargaining and negotiation, the union leaders must insist on using objective criteria while resolving labour disputes.

Indeed, collective bargaining has the advantage of settlement through dialogue and consensus rather than through confrontation. Where connective bargaining fails, the arbitrator may have to be invited to mediate. In that wise, the issues in contention are resolved based on the decision of a third party, the arbitrator.

The current trends in collective bargaining include proper understanding of the contentious issues, weigh properly the available options and alternatives, devise strategy to articulate the union demands. At time, the union is required to set

In cases where junior colleagues of two or three years are favoured to supersede the senior colleague, there are bound to be labour disputes.

DISCIPLINARY PROCEDURE FOR SERIOUS MISCONDUCTThe officer shall be notified in writing of the ground on which the disciplinary action is to be taken against him/her.The query should be precise and to the point.It must be relate the circumstance of the offence, the rule and regulations which the officer has broken and the likely penalty.There should be fair hearing and allowance for appeal.In the public service, there are procedures that permit subordinates to appeal to a higher level when they feel their superior is treating them unfairly or not satisfied with decision taken against them.

DYNAMICS OF NEGOTIATION AND COLLECTIVE BARGAINING IN LABOUR UNIONISMNegotiation and bargaining are roughly synonymous. Both emphasize a process of discussion between parties in search of an agreed upon solution. Although the connotation of “negotiation” puts more emphasis on the process of conferring and bargaining connotes more attention to the underlying structure of interests and how it may be modified through agreement.

up a negotiating team. Of course, the negotiating team, and the respective roles of the members, should be determined before the negotiations. After entering into agreement, there is the need to ensure its full implementation. Also, lobbying, monitoring and consultations have to be made to ensure full implementation of any agreement between labour union and the Authorities.

When agreement is reached between the union and the management, there should be conscious effort to carefully study then details. Before the agreement is signed, there should be proper interpretation of clauses which have potential to result in ambiguities.

The signing of an agreement by the parties involved in negotiation and collective bargaining does not automatically translate into its successful implementation. Any time there is negotiation, the union representatives need to be aware that the date of commencement of the agreement or its effective date of implementation must be expressly agreed upon before signing of an agreement. These are parts of issues we should also note as unionists.