The Concept Of Management In Industrial Disputes
The Concept Of Management In Industrial Disputes
Abstract
The broad objective of this study is to examine concept of management in industrial disputes using UNIUYO and AKSU as case study. The study further ascertained the frequency of industrial disputes in the Nigerian University system, determined the causes of industrial disputes in higher institutions, investigates implication of implications of industrial unrest in the Nigerian University System, ascertained whether management has any significant influence on industrial dispute in Nigeria University system and establish strategies management utilize in settling industrial disputes in the Nigerian University System.
The research adopted the survey descriptive design and with the aid of convenience sampling method, the researcher conveniently selected eighty (80) participant who are academic staff of UNIUYO and AKSU. Self- structure questionnaire was issued to the respondent of which seventy-seven (77) responses were retrieved and validated for the study. The study made use of of descriptive analysis and inferential statistics where data from field survey was analyzed using simple percentage, mean and standard deviation presented in frequencies and tables. Hypothesis test was conducted using Chi-Square Statistical Package for the Social Sciences (SPSS v.23). Findings of the study reveals that Management has a significant influence on industrial dispute in Nigeria University system. The strategies management utilizes in settling industrial disputes in the Nigerian University System includes Conciliation, Collective bargaining, Arbitrage, National Industrial court. The study therefore recommends that iv.When workers are aggrieved, they should follow the appropriate grievance procedure before going on strike. More so, Federal and state government should endevour to increase their budgetary allocation to universities to the UNESCO recommended 26% of their total annual budget.
Table of Content
Chapter One:
Introduction
- 1.1 Background of the Study
- 1.2 Statement of the Problem
- 1.3 Objective of the Study
- 1.4 Research Questions
- 1.5 Research Hypothesis
- 1.6 Significance of the Study
- 1.7 Scope of the Study
- 1.8 Limitation of the Study
- 1.9 Definition of Terms
- 1.10 Organization of the Study
Chapter Two:
Review of Literature
- 2.1 Conceptual Framework
- 2.2 Theoretical Framework
- 2.3 Empirical Review
Chapter Three:
Research Methodology
- 3.1 Research Design
- 3.2 Population of the Study
- 3.3 Sample Size Determination
- 3.4 Sample Size Selection Technique and Procedure
- 3.5 Research Instrument and Administration
- 3.6 Method of Data Collection
- 3.7 Method of Data Analysis
- 3.8 Validity of the Study
- 3.9 Reliability of the Study
- 3.10 Ethical Consideration
Chapter Four:
Data Presentation and Analysis
- 4.1 Data Presentation
- 4.2 Analysis of Data
- 4.3 Answering Research Questions
- 4.4 Test of Hypotheses
Chapter Five:
Summary, Conclusion and Recommendation
- 5.1 Summary
- 5.2 Conclusion
- 5.3 Recommendation
- REFERENCES
- APPENDIX
Chapter One
Introduction
1.1 Background of the Study
Life itself is an assemblage of diverse and conflicting association of interests. Each interest tries to assert its position. In the process, the conflicting interests form the bedrock for disputes. Difference in culture, orientation, classes, language, education, race, business and work places constitute a line of distinction amongst humanity. It is expected, therefore, that disputes and conflicts are bound to occur in life.
Like every other country of the world, industrial disputes have been found to be inevitable in both formal and informal sectors of Nigeria. The genealogy of this nation (pre-colonial, colonial, post-colonial, independence, military and democratic eras) have shown some pockets of industrial disputes in both public and private settings, and unionized or non-unionized. However, the frequency of these incidents varied during these eras, year in year out. What is certain is that Nigeria has had her share of industrial disputes in different sectors and according to Anyim, Chidi and Ogunyomi (2012), industrial disputes has been on the increase in Nigeria. Recent and on-going industrial disputes of Academic Staff Union of Universities (ASUU), Academic Staff Union of Polytechnics (ASUP), Agitations of Nigerian Labour Congress (NLC) on minimum wage, Joint Health Sector Union (JOHESU), to mention a few confirms that government recent white paper (October, 2018) to stem industrial disputes through the ‘No Work, No Pay’ clause has not helped matters. Of interest and fundamental is the associated cost of industrial disputes to stakeholders. It is obvious that protracted industrial disputes have constituted threats to workers, organizations and the Nation (Uma, Eboh, Obidike & Ogbonna, 2013).
Industrial disputes have implications and these are often negative on the parties involved which make it to be classified as costs. Such cost can be direct or indirect, internal or external, economic or non-economic. For instance, economic costs are those that can be calculated and expressed in monetary terms, but do not necessarily result in financial outlays while noneconomic costs are those that cannot be objectively quantified and captured as a monetary value. Recent industrial disputes in Nigeria have this outlook. In May 2017, dispute between ExxonMobil and Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) shut down oil production that produces more than 300,000 barrel of crude oil per day for days. Similarly, Ogiewonyi of PENGASSAN reported in April 2018 that within 12 days of disputes between workers of Addax Petroleum Development Nigeria Limited and its management, 30,000 barrels of crude oil products were lost per day. Also, recent declaration of Telecommunication giant in Nigeria (MTN) that claimed to have lost ₦12bn within four days of picketing in July 2018 is an economic cost of industrial dispute.
In the light of the above, Armstrong (2015) asserts that management is concerned with investing in people and developing an organization’s human capital. According to Obi (2003:48), “management are the people who decide to use as many of the institutions most valuable resources, its skilled employees, equipment, information system and financial assets. Importantly, The procedures for managing industrial conflicts in Nigeria in general have been noted to be grossly characterized by preventive delay, ‘before and after’ mediation, conciliation and arbitration. The view has been that these procedures need to be merged to reduce delay and ensure timely management of industrial conflicts. The Nigerian government has, since its independence in 1960, been battling in the management of industrial conflicts, so is the oil and gas industry since the commercialisation of oil exploration especially in the 1970s, the decade of oil boom in Nigeria. The enormity of industrial conflicts has led to the enactment of the 1976 Trade Disputes Act, which was amended in 1977 and 1990. The Act made provisions for internal and external dispute settlement machineries, including voluntary and compulsory procedures. The Act required that within seven days, observed conflicts should be resolved through the application of internal mechanisms, the failure of which makes external machineries necessary. The external machineries included mediation, conciliation, and the industrial arbitration panels, supported by the national industrial court (NIC).howbeit corrupt practices in Nigeria has rendered the conflict management prescriptions of the 1976 Trade Dispute Act. The administration of this Act has been charaterised by gross inadequacies arising from nonneutrality, favouritism, bias , and impartiality in the mediation processes.
1.2 Statement of the Problem
Over the last twenty years in Nigeria, the educational system has witnessed an unprecedented industrial unrest and so many official assaults than any other social institution. According to Onuoha (2001), this is so perhaps, because of its strategic place both in the nation’s hierarchy of priorities and its considered role as a veritable machine for development. In his own contribution, Nwankwo (2007) opined that Nigerian educational institutions, characterized by military intervention in governance have witnessed untold negative political interference and a seemingly calculated move to submerge it in the river of irrelevance. He further argued that universities are seen by those in authorities as a burden and as institutions to be exploited and left desolate. Consequent upon this development, our universities he posited, have become aberrations of themselves. The manifestations are in form of cultism, brain drain, under funding by government, erosion of academic freedom, general insecurity, dilapidated structures, non-payment of university staff salaries. These are indications that all is not well with the Nigeria university system.The incessant strikes closures and boycotts of lectures and work by academic and non-academic staff in our universities are also evidences that there is strained industrial relations in the Nigerian university system.
In the light of the above facts, the Management of these universities have been confronted with establishing the causes of the deterioration in relationship between the labour and Management and finding ways of improving such deteriorated relationship in order to move the education industry forward while the labour unions on their own side are constantly worried on the possible consequences and implications of industrial disharmony, the government is confronted with the problem of how to minimize the rate of instability in the university system and how to ensure that its policies are adequately implemented especially those ones affecting education in Nigeria.
Although the sources of discontent in our university system is exhaustive, Akpala (1982) opined that it has bearing with present economic situation in the country, our political history and inheritance, authoritarian attitudes of both the government and university management towards labour issues, the presence of obsolete labour laws, corruption in all segment of the society, mal-administration, class conflict and struggle, struggle for survival, etc. Also, in the list of the problems is the inability of the Nigerian Universities to actualize the objectives for which they were established and inability of university management to apply strategic measure in resolving industrial disputes. It was on the basis of the above problems that the researcher was motivated to conduct this research work to examine concept of management in industrial disputes.
1.3 Objective of the Study
The broad objective of this study is to examine concept of management in industrial disputes. Other specific objectives includes to:
- To ascertain the frequency of industrial disputes in the Nigerian University system
- To determine the causes of industrial disputes in higher institutions.
- To investigate implication of implications of industrial unrest in the Nigerian University System?
- To ascertain whether management has any significant influence on industrial dispute in Nigeria University system.
- To establish strategies management utilize in settling industrial disputes in the Nigerian University System
1.4 Research Questions
The research is guided by the following questions
- How frequent is the occurrence of industrial disputes in the Nigerian University system?
- What are the causes of industrial disputes in higher institutions?
- What is the implication of implications of industrial unrest in the Nigerian University System?
- What are the strategies management utilizes in settling industrial disputes in the Nigerian University System?
1.5 Research Hypothesis
- HO: Management has no significant influence on industrial dispute in Nigeria University system.
- H1: Management has a significant influence on industrial dispute in Nigeria University system.
1.6 Significance of the Study
A study on industrial relations would not only be beneficial to the state, employers of labour and employees but to the society as a whole. Labour issues have bearing with integrated national planning. It contributes to manpower development, and harmonized industrial relations which promotes rapid economic development. Besides, a peaceful industrial atmosphere is required to actualize the noble objectives for which universities were set or established to achieve. With the introduction of the concept of management in industrial disputes, the research has contributed to the pool of knowledge already available and thereby adding to the existing literature. Following the discovery of a fault in the process of collective bargaining, it will spur and support other researchers in the area of collective bargaining. The study is significant to the state and federal governments who will appreciate that the inability to implement the joint decisions reached has been a source of dispute in the University System. The study is significant to University Management who are now in vantage position to apply management by consultation in all issues involving labour. The study would also benefit labour unions who in the course of this research would understand that even though their demands are imperative in line with the economic realities, must consider the lean resource of the state and the position of management before embarking on strike.
1.7 Scope of the Study
The scope of this study borders on concept of management in industrial disputes. Emphasis is laid on the management of industrial dispute with a view to identifying the causes, the dimension and socio- economic implications of industrial disputes in our society with reference to university system. The study is however delimited to Labour Union in University system with reference to ASUU. The study will focus on selected Universities in Akwaibom State.
1.8 Limitation of the Study
Like in every human endeavour, the researchers encountered slight constraints while carrying out the study. In a country such as ours where bureaucracy and red-tapism act as constraints in the flow of information and where there is inaccurate data and statistics, there really has to be a problem. The significant constraint was Inadequate data collection and handling procedure thus the researcher incurred more financial expenses and much time was required in sourcing for the relevant materials, literature, or information in the process of data collection. More, so Privacy of information considerations was a constraint which is why the researcher resorted to a limited choice of sample size covering only academic staff of UNIUYO and AKSU. Thus findings of this study cannot be used for generalization for other academic staff in other universities within Nigeria. Additionally, the researcher will simultaneously engage in this study with other academic work will impede maximum devotion to the research. Howbeit, despite the constraint encountered during the research, all factors were downplayed in other to give the best and make the research successful.
1.9 Definition of Terms
Boycott:
This means refusal of wage earners to have dealing with or to patronize, a business organization when there is an organized labour grievance.
Collective Bargaining:
This simply means all methods by which groups of workers and relevant employers come together to attempt to reach agreement in matters concerning labour rules and conditions of service.
Employee / Worker:
This is any person who is not a manager and who works for another in any organization for fixed wages.
Employer:
This means the owner(s) of work. This can be business owner, organization, partnership, sole proprietorship, private or public limited company, government etc.
Industrial Relations:
A tripartite relationship involving three parties namely, the owners of work, the employees or their representatives and government agency for the purpose of setting job rules and regulations. Industrial Dispute: When there is inability among the participating parties in industrial relations to reach peaceful agreement as it affects job rules and conditions of work generally.
Lock-out:
This is the employer’s action of closing a business enterprise for the purpose of enforcing a demand on the employees by causing them to be thrown out of work.
Picketing:
This means the action of striking workers to prevent other persons from taking their places in the plant or establishment and induce their colleagues who have not joined the strike action to do so.
1.10 Organization of the Studies
The study is categorized into five chapters. The first chapter presents the background of the study, statement of the problem, objective of the study, research questions and hypothesis, the significance of the study, scope/limitations of the study, and definition of terms. The chapter two covers the review of literature with emphasis on conceptual framework, theoretical framework, and empirical review. Likewise, the chapter three which is the research methodology, specifically covers the research design, population of the study, sample size determination, sample size, and selection technique and procedure, research instrument and administration, method of data collection, method of data analysis, validity and reliability of the study, and ethical consideration. The second to last chapter being the chapter four presents the data presentation and analysis, while the last chapter(chapter five) contains the summary, conclusion and recommendation.
Chapter Five
Summary, Conclusion and Recommendation
5.1 Summary
The broad objective of this study is to examine concept of management in industrial disputes using UNIUYO and AKSU as case study. The study further ascertained the frequency of industrial disputes in the Nigerian University system, determined the causes of industrial disputes in higher institutions, investigates implication of implications of industrial unrest in the Nigerian University System, ascertained whether management has any significant influence on industrial dispute in Nigeria University system and establish strategies management utilize in settling industrial disputes in the Nigerian University System.
The research adopted the survey descriptive design and with the aid of convenience sampling method, the researcher conveniently selected eighty (80) participant who are academic staff of UNIUYO and AKSU. Self- structure questionnaire was issued to the respondent of which seventy-seven (77) responses were retrieved and validated for the study. The study made use of of descriptive analysis and inferential statistics where data from field survey was analyzed using simple percentage, mean and standard deviation presented in frequencies and tables. Hypothesis test was conducted using Chi-Square Statistical Package for the Social Sciences (SPSS v.23).
5.2 Conclusion
The procedures for managing industrial conflicts in Nigeria in general have been noted to be grossly characterized by preventive delay, ‘before and after’ mediation, conciliation and arbitration. The view has been that these procedures need to be merged to reduce delay and ensure timely management of industrial conflicts.
Findings of the study reveals that
- The causes of industrial disputes in higher institutions includes Unfavourable conditions of service, Management indifference to union needs, workers demand for improved welfare scheme, governments refusal to comply and breach of terms of settlements disputes.
- The implications of industrial unrest in the Nigerian University System includes Elongation of academic sessions, Loss of revenue, Intellectual ineffectiveness, Instability.
- The strategies management utilizes in settling industrial disputes in the Nigerian University System includes Conciliation, Collective bargaining, Arbitrage, National Industrial court.
- Management has a significant influence on industrial dispute in Nigeria University system.
5.3 Recommendation
The researcher, having looked at both sides of the coins and having obtained information from respondents in connection with the study, considered the following recommendations as desirable.
- Trade disputes should be avoided because of the negative effect on the work force. The loss of man-days would reduce, as strikes would be curtailed if trade disputes were avoided, this would lead to growth in industrial relations.
- A flexible organizational structure should be instituted to improve the relationship between management and staff. Communication should also be improved to avoid break down in industrial relations.
- Both union leaders and management representatives should from time to time embark on training to understand the workings of industrial relations.
- When workers are aggrieved, they should follow the appropriate grievance procedure before going on strike.
- Federal and state government should endevour to increase their budgetary allocation to universities to the UNESCO recommended 26% of their total annual budget.
- Systems approach should be adopted in university management so that workers will start to see themselves as a part of the university thereby working hard to keep it going.
- Works should be allowed to participate in decision making process through their representatives.
- Universities should not be used as a political ground by some people in and outside the government.
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