Towards an Enforceable Collective Bargaining Agreements in the Nigerian Public Sector

Abstract

Abstract

The utilization of collective bargaining mechanisms as a means of determining wages and resolving job conditions is widely employed in both the public and commercial sectors. Nevertheless, the government often has challenges in fulfilling agreements negotiated with its unionized staff while engaging in bargaining processes. This paper investigated the recurring phenomenon of governments in Nigeria consistently failing to uphold collective bargaining agreements that have been mutually agreed upon with employees about terms and conditions of employment, as well as other employment-related issues. This study uses a combination of primary and secondary sources in the form of doctrinal legal research methods, including textbooks, case laws, legislation, journals, and online articles, to gather relevant data.  Within the realm of public service in Nigeria, a multitude of instances may be observed when the government has exhibited a lack of commitment to fulfilling agreements that were willingly established with its employees. The prevailing disposition exhibited by consecutive Nigerian administrations prompts one to contemplate the possibility that even when the government opts to engage in discussions with workers, it harbours the underlying intention of disregarding the agreements struck during these conversations. In several cases, the government has resorted to rejecting any type of agreement with employees, even going so far as to disavow such arrangements. The failure of employers to uphold collective bargaining agreements aimed at addressing working conditions has significantly contributed to the prevalence of industrial action in both the public and private sectors in Nigeria. This paper postulates that adhering to agreements arising from these discussions has the potential to significantly decrease the occurrence of wage-related industrial discontent, hence promoting a satisfactory degree of industrial harmony within the public sector of Nigeria.

Keywords: collective bargaining agreement, employment, public sectors, labour relations, industrial action.