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PUBLIC SECTOR UNIONS STRIKES: AVOIDABLE? 3

 The Traded Disputes Act in my life set out in clear terms the procedure for handling disputes when they arise. 

When a dispute occurs or a grievance attains a dispute status,  both are to use their internal machinery to settle it. However,  when the internal machinery fails to resolve the dispute,  they would then move to the Third Party Intervention. 


The Third-party intervention in the resolution of Trade Disputes begins the the signing of the Agreement of Disagreement. The third party intervention could either be voluntary or compulsory. 


First stage of third-party intervention is called MEDIATION. This is where both parties agree to appoint a mediator acceptable to them to help in resolving the dispute. 


Second Stage of the third-party intervention comes when the first stage fails to resolve the dispute. This compulsory stage is called CONCILIATION.  It comes by either party declaring a trade dispute against the other. At this point, the Minister of Labour and Employment shall appoint a Conciliator to help both parties to settle the dispute. 


The Third Stage of the third-party intervention is attained when the Conciliator fails to resolve the dispute. At this stage,  the Minister of Labour and Employment refers the dispute for Arbitration - Industrial Arbitration Panel. The IAP shall make an award in settling the dispute. 


The Fourth Stage of the third-party intervention is attained when either of the parties is dissatisfied with the award of the IAP The dissatisfied party is free to appeal to the National Industrial Court (NIC), which has the final say. This marks the end of third-party intervention in the settlement of trade disputes. 

However, in some old and protracted disputes,  for example, ASUU and the FGN,  the Minister could refer the dispute directly to NIC for adjudication. 


From the above,  all strikes before the end of the procedure are illegal and the of "No Work No Pay" shall apply. 


For those who have not answered the question,  whether,  public sector unions strikes are avoidable? Let us see next week for a more direct answer. 

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