ESSENTIALS of CO-OPERATIVE SOCIETIES BY OSOBA - ENAKALI C. O. (CHAPTER NINE)

ESSENTIALS OF CO-OPERATIVE SOCIETIES BY OSOBA - ENAKALI. C. O.

CHAPTER NINE

  TRADE DISPUTE

 

 

Chapter’s Objective

After reading through this chapter the student would be able to:

(i)                Understand the meaning of trade dispute

(ii)              Know the process of arbitration

(iii)            Know how award is enforced.

Trade Dispute Defined

 

Section 55 of the trade union decree of 1973, defines trade dispute as any dispute between employers and workers or between workers and workers which is connected with employment or non-employment or conditions of work of any person.

Before a dispute is recognized as a trade dispute within the statutory provision there must be workers on one side or both sides of the dispute. It must be a dispute between workers and employers or between workers and workers. A dispute between employers and employers is not a trade dispute.

 

A dispute is said to be connected with the employment or non-employment of a person, when a dispute is linked with the question as to whether a worker may be employed or continue to be in employment.

 

A trade dispute may also arise from the condition of work of workmen. Such a dispute may be connected either with the terms of employment or with the condition or with the conditions of work of a worker.

 

A dispute which arises when a union calls on an employer for recognition as bargaining partner for its members employed by the employer constitutes trade dispute connected with the terms of employment conditions of work of those employees.

Arbitration

Arbitration is the process whereby grievance is resolved by an impartial third party who hears all the facts pertaining to it and recommends a solution for both parties to follow.

Arbitration could be conducted by either an umpire (a single arbitrator) or by a tripartite board made up of representative of management and labor plus an impartial chairperson who is accept to both sides.

 

When a dispute arises in a co-operative the parties involved are expected to meet within seven (7) days to resolve the dispute. It usually involves the meeting of members of committee and representative of the government or supervisory ministry. Where no agreement is reached within the specified period, the commissioner for labor is then notified. He uses his discretion to refer the dispute to an inquiry, conciliation or arbitration.

The Arbitration Process

 

The issue or issues for arbitration are frequently presented orally to the arbitration by the two parties. At the commencement of hearing, minutes and memorandum covering the meetings held at earlier stages of the grievance procedure are sometimes submitted to inform the arbitrator of the issues to be resolved by arbitration.

 

The arbitrator ensures that the parties involved are given fair hearing by presenting all the facts it considers relevant to the case. Arbitrator may question witnesses or request additional information relating to the cases from records or witnesses, which have not been presented by either side. This is to enable the arbitration to get facts, which will give them the insight and basis required to render a just solution to a human relations rather than legal case.

 

After conducting the hearing and receiving post hearing briefs, the arbitrator has customarily, thirty (30) days to consider the evidence and prepare a decision.

The Arbitration Award

  

The arbitrator’s decision referred to as award. It is accomplished by a written review of the case in support of the award by pointing out the merits of the position taken by the unsuccessful side. Award is reached on the basis of precedents established by previous cases as in the case of a court of law. The reason for this is that no two cases are exactly alike.

Enforcement of Award

 

Award must be enforced to instill confidence on the people. Enforcement does not involve the mere willingness of the losing party to abide by the award.

 

The non compliance to an award of the industrial arbitration panel (IAP) or that of the national industrial court (NIC) constitutes an offense punishable on conviction, to a fine of N200 or six months imprisonment in the case of an individual. In the case of a corporate body, it attracts a fine of two thousand Naira (N2000.00).

 

Compliance to the award rests on the magnanimity of the public employer. When such magnanimity is not in sight, the workers who feel unfairly treated then resort to strike as a weapon to enforce compliance.

SELF EVALUATION QUESTIONS

 

1.     What are the causes of trade dispute?

2.     When is arbitration inevitable in a dispute?

3.     What is award? And how it is enforced?