EXAMINING THE PLACE OF TRADE UNIONS IN NEGOTIATING COLLECTIVE AGREEMENT IN A CAPITALIST ECONOMY LIKE NIGERIA

Abstract

Negotiation is considered as a preeminent mode of dispute resolution, it is hardly surprising to see negotiation being used in virtually all aspects of everyday life, whether at individual, institutional, national or global levels. Nigeria which operates a capitalist economy, has its trade unions taking the lead and playing a crucial role in negotiating collective agreements, which are legally binding agreements between employers and employees, often represented by unions, that outline terms and conditions for employment. These agreements help to ensure fair wages, benefits and working conditions. They also address issues related to job security and worker welfare. Trade unions however face challenges, but despite these challenges, they remain vital for protecting and promoting worker rights and contributing to a more equitable and democratic society. This paper undertakes an examination of the role of trade unions, with focus on the Nigeria Labour Congress (NLC) and the Academic Staff Union of Universities (ASUU), in negotiating collective agreements in Nigeria. It aimed to investigate the efficacy of trade unions in promoting collective bargaining and industrial harmony, amidst challenges posed by the non-enforceability of collective agreements by parties. This research largely employed the empirical method of conducting research, and doctrinal research by considering the provisions of the law, alongside some judicial pronouncements. The research analyzed information from primary and secondary sources, including interviews with trade union officials, government representatives, and employers, as well as reviews of relevant literature, collective agreements, and policy documents. The findings contained in this work highlighted the complexities of collective bargaining in Nigeria, including the weaknesses in the legal framework, inadequate institutional capacity, and power imbalances between employers and employees and sometimes the negotiating parties. It identified the need for strengthened institutional frameworks, enhanced trade union capacity, and improved enforcement mechanisms to ensure effective implementation of collective agreements.