Collective Bargaining and Dispute Settlement in the Food, Beverage and Tobacco Industry in Lagos State, Nigeria

摘要

This paper examines collective bargaining and dispute settlement in the Food, Beverage and Tobacco Industry in Lagos State, Nigeria. Collective bargaining as one of the processes of industrial relations performs a variety of functions in workplace relations. It could be viewed as a means of industrial jurisprudence (rule making process in industry) as well as a form of industrial democracy. It is also a means for resolving workplace conflict between labour and management as well as the determination of terms and conditions of employment. Industrial disputes are inevitable in the Food, Beverage and Tobacco Industry. Industrial or trade disputes have both costs and benefits to the three social partners and the society at large. These social partners are the government, labour and management. However, it should be noted that from experience the costs of industrial disputes have always outweighed the benefits. Trade disputes as exemplified by strikes, to a large extent have a great bearing on the smooth and orderly development of the economy and the maintenance of law and order in the society. Thus, because of the adverse implications of industrial disputes, affected parties often seek speedy settlement of such disputes whenever they arise. The grievance procedure forms part of the procedural agreement of the collective bargaining agreement, which deals with such matters as the methods to be used and the stages to be followed in the settlement of disputes in the workplace. However, the grievance procedure is limited for use within the organisation. In the event that this procedure fails to settle the issue at dispute, then the parties can resort to the external machinery as provided by public policy as exemplified by mediation, conciliation, arbitration and the National Industrial Court (NIC). The existing statutory machinery for the settlement of disputes has not been effective in terms of delays experienced by aggrieved parties as well as cumbersomeness of the procedure. Oftentimes, judgements drag on for years and justice delayed is justice denied. More so, the statutory dispute settlement procedure has not fostered industrial harmony to a large extent. From the foregoing, it is recommended that the adoption of collective bargaining and Alternative Dispute Resolution (ADR) should be given due consideration by the parties in the Food, Beverage and Tobacco Industry to settle industrial disputes whenever they arise. Keywords: Collective Bargaining, Dispute, Settlement, Food, Beverage and Tobacco Industry.