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WHY ARE PARTIES (EMPLOYERS AND TRADE UNION) SOMETIMES UNABLE TO REACH AGREEMENT, AND DURING THE NEGOCIATION AND CONSEQUENTLY STRIKE ERUPTS

Posted by Unknown in: Education


Collective bargaining is a process by which unions and employers determine many of the terms and conditions of employment governing their workplace and attempt to negotiate resolution of disputes that may arise.


Collective bargaining is specifically an industrial relation mechanism or tool and is an aspect of negotiation applicable to the employment relationship. In collective, the union, always has a collective interest since the negotiation are for the benefit of several employees where collective bargaining is not for are employer, but for several collective interest, it become a feature for both parties to the bargaining process. It also consists of negotiation between an employer and a group of employees so as to determine the condition of employment. The result collective bargaining procedures is a collective agreement.

Employees are often represented in bargaining by a union or other labour organization. Collective bargaining is govern by federal and state statutory law, administration agency regulation, the judicial decisions in the area when federal and state law over lap, state law  are preempted. The main body of law governing the collective bargaining process is national labour relation Act (NLRA). It explicitly give employers the right to collectively bargain and join trade unions.

However, failure of collective bargaining process leads to industrial action. Industrial action happens when trade union members are in a dispute with the employers that cannot be solved through negotiations. A trade union can only call for industrial action if majority of its member involved support it in a properly organized postal vote called ballot.

Negotiation consists essentially of advancing proposals, discussing them, receiving counter proposals and resolving differences. The bargaining process involves the two sides in making a concerted effort to resolve their difference by negotiation which is akin to haggling of price in the marketplace. A bargain is struck when both sides in industry have negotiated and reached an agreement. That is to say collective bargaining is equal to negotiation plus agreements. Reaching an agreement is what makes negotiation equal to bargaining, otherwise, when negotiation gives on endlessly without concrete agreement, and then no bargain would have been struck.

Failure of the two parties to reach an agreement in a collective bargaining process leads to the eruption of an industrial action called strike. Strike erupts when collective bargaining process failed that the parties involved are unable to reach an mutual agreement. Most times, the actors (employers and employees) are unable to reach an agreement through the negotiation process due to their divergent or different goals or objectives that they have. The management sees the employees as ‘Oliver twist’ that will never be satisfied, always asking for more wages/salary bonus, better conduction of service etc while employees sees the management as ‘exploiters’ making them to put in more effort without a measurable remuneration, always wanting to make more profit at the expense of the employees welfare and this lead to industrial conflict.

Industrial conflict is the total range of behaviour and attitudes which expresses opposition and divergent orientations between individual owners and managers on one hand and the working people and other organization on the other hand. The following are the reason for conflicts in an organization:-

        i.            Unwillingness of management to recognize a particular trade union.
     ii.            Failure of trade union to protect members interest.
   iii.            Management’s style – autocratic, mechanistic etc.
   iv.            Nature  of work and physical environment
      v.            Effectiveness of promotion system.
   vi.            Employment issues – disputes over salaries, allowances, bonuses, over time etc.
 vii.            Ineffective communication between employers and employees (rumour & grape vine).

Also, there can be no doubt that the real cause of most strikes in Nigeria is either the non-payment of wages or non-enforcement of collective agreements to inter alia pay wages. Even where an agreement has been duly entered between the workers and employers after bargaining, the workers may be constrained to embark on industrial action by the very fact of the failure on the part of the employer to honour and keep to the terms of the agreement. Thus the strike to compel an employer or employee to accept or not to accept terms of employment and physical conditions of work is a strike used as an instrument of collective bargaining. In apparent recognition of this fact the court in the recent case of Union Bank of Nigeria Ltd. v. Edet81noted that “whenever an employer ignores or breaches a term of that agreement resort could only be had, if at all, to negotiation between the union and the employer and ultimately to a strike action should the need arise and it be appropriate” Clearly the failure of the employer to honour agreements has led to industrial action.

For example, the Senior Staff Association of Utilities, Statutory Corporations and Government Companies (SSAUSCGOC) and National Union of Postal and Telecommunications Employees (NUPTE) embarked on industrial action to demand the payment of outstanding arrears of four months salaries and allowances owed to them by their employer. The workers were not happy that even after an agreement was entered into, the employer to pay their wages following negotiations the employer has failed to keep to it. The workers were thus forced to embark on strike action as they had no other alternative by which to press home their legitimate claims. In their view, the employer had “exhausted their patience and abused offers of responsible

Others factors that make parties i.e. employer and trade union sometimes unable to reach agreement during negotiation and consequently strike erupt are:

Improper Internal Communication: when the management and union does not keep their managers and members respectively well informed, it causes improper communication and information which leads to misunderstandings and even to strikes. Sometimes managers and supervisors who are ill-informed may inadvertently mislead workers who work under them about the current state of negotiations, the management's objectives and so on.

Lack of good Faith: collective bargaining is workable only if the parties bargain in good faith. If not, there will be only the process of bargaining without a result viz. an agreement. Good faith is more likely where certain attitudes are shared among employers, workers and their organizations e.g. a belief and faith in the value of compromise through dialogue, in the process of collective bargaining, and in the productive nature of the relationship collective bargaining requires and develops. Strong organizations of workers and employers contribute to bargaining in good faith, because there would be some parity in the bargaining strength of the two parties. Lack of good faith lead to disagreement during negotiation and consequently strike erupt.

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