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COLLECTIVE BARGAINING AS A MEANS OF MANAGING CONFLICT FOR HARMONIOUS INDUSTRIES RELATION IN PUBLIC SECTOR

CHAPTER ONE

INTRODUCTION

1.1    HISTORICAL BACKGROUND

The Nigeria port plc was created in March, 1954 by the port Act, under the name Nigeria port Authority". The organization acquired its new status as a public liability company only in 1992. The authority was a Crystallization of an ambitions dream to bring together all Nigeria port under one unfilled central management and control. Though created in 1954, the organization could not begin operations until April 1, 1996-prior to this time and even before the evolution of modern Nigeria the wide coastland stretching from Lagos to port Harcourt had been a bee-hire of activities involving African and Europeans. Since when the first maritime contract was established between the West African sub region and Europe in the 15th century. The Bright of Benin was opened up by John d'Averio, a Portuguese in 1485; captain Wyndham of Britain joined the fray in1553, serving as boon to this development was the progress made in Maritime science when the oared ship gave way to sailing ship titled with compass. Another aiding factor was the potentialities of West Africa for badly needed produce. Such as pepper; spice ivory and gold. Later when the traffic in Africa started to usher in slave trade, many European countries joined to take advantages of what was then one gold. Later the traffic in Africa s' started to joined to take advantages of what was then one of the most profitable ventures. By this time the invention of stream engine had taken place. Mc Aregor Laird, A Briton is credited with laying the foundation of modern shipping in Nigeria, after he had captained the first iron steamer, to the Niger Delta Coast of Nigeria in 1832, he went to step further to establish the African shipping Company in 1849. Entered a contract with the poritish foreign office in 1856 10 supply a steamer every year for five years to promote trade in Nigeria, What this suggests in that a viable foundation was laid for the development of port in Nigeria even before the portions established their colonial, hold in the country. It is to the credit of the foreign companies operating in Nigeria that the fan ports were developed before they maintained 1906. The effort were greatly enhanced by the rich coterie of navigable rivers such as the Niger Benue, Ethiopia, Cross- River, Bonny for Cadoes and a long Coastland. It was natural v that the exploitation of these resources was only a matter of time complementing, this is the bountiful collection of national resources, the lubricant to the engine of growth that abound in Nigeria, various government since the colonial days exploited these begging in centimes for ports development. In the days of British Colonial presence in the country the few utilized ports played a pivotal role in Nigeria's economic agenda. The big multinational cooperation's that dominated the economy such as the john Holt, the united Africa Company (UAC) and the Campaign Francoise del' Afrique Occidental (CFAO) made extensive use of the ports for the evacuation of export crops such as cocoa, palm oil, rubber, cotton, groundnut, beniseld and as their independent on October 1, 1960 the need for an ambitious economic and social restructuring and transformation as a matter of national pride was obvious. The heavy reliance on the seaports became imperative. The year 1906 was symbolic in the evolution of the Nigeria port plc, That year the Nigeria Marine was created, the marine as it was popularly known and emerged as the first initiative to bring some sanity into port administration in the country. It was charge with the responsibility for control and administration of the existing ports in Nigeria. The authority was the first 'attempt as forgoing an integrated national approach to ports administration. It stayed in the line light of port affairs in Nigeria toll 1988 when economic imperatives influenced the thinking of the establishment to carve a much more economic: role for the organization. The Nigeria port plc has now sub­-planted the authority as the sole player in ports control and management, Essentially, the evolution of ports administration In Nigeria follows two phases, phase one, runs from 1906-1954, its significant is the multiplicity of interest in port operations and control. The first set of port viz, Akass and facades in the present river state, Calabar in cross- river state and Victoria in present day westernCameroon came ender to join operation of several government agencies and private business concerns. At part from the Nigeria Marine ether public agencies with serious interest in ports affairs were the Nigeria involvement of john Holt, UAC and CFAO. But the Marine was the most prominent player during this phase. The idea for the establishment of a central organization for ports administration was mooted in the 1930s.

The outbreak of the 1939-45 wars prevented the crystallization of that idea. A revert to that idea happened of the colonial authority. And by September 1953 a crystallization of the projectemerged when the government issued a statement of policy on the establishment of the new ports regulatory body on March 24, 1954. By the Nigerian House of representative, passed by the ports Act, 1954, the enabling Act gave wide powers to Nigerian ports Authority to borrow funds from government and non-government sources with the approval of the minister and the council of ministers. From non-governmental sources, the borrowing should be in the form to stock, promissory notes, certificated or other document or titles.

Collection bargaining is undoubtedly the core of an industrial relation system. This is because it is a standard setting machinery and an important source of regulation governing wages and other employment condition mutually agreed between lab our and management in conformity with public policy. It is therefore a means of setting issues relating to terms and conditions of employment. The organization work place setting is such that involves the interdependence of individuals groups with diverse interest because of this diversity the management stands for the organization, while the union represents the workers and they both have conflict of interest in relation to issues that jointly affect. them. In, Japan industrials relation were well practice and people praise then for the successful adopted western industrialization andtechnology into its tradition attitude and behavior. For example an average strike in Japan could less than half a day or a maximum of three days. The nature of the public sector in Nigeria and the anticipated dynamism of the 21st century is being exercised by the human machine, but how much the public sector especial (NIGERIA PORT AUTHORITY) committed into the motivation of the workforce for better productivity through the use of the instrument of collective bargaining agreement is the basis for this study. It is form this standpoint that effect of collective bargaining which is supposed to be the labor's common voice will be considered either as exchanging or reducing lab our performance and consequently productivity.

BARGAINING

Bargaining is described as the communication involving two parties on the terms they require for consummation of a transaction and the subsequent acceptance or rejection by both parties. Rubin and Brown (1975) define bargaining as the process whereby two or more parties attempt to settle what each shall give and take, or perform and receive in a transaction between them.

Implied from the above is the bargaining:

1.      Involves two parties (i.e union and management)

2.      Involves parties coming together to discussion and negotiate

3.      Attempt to resolve difference through negotiation

4.      Attempt to make parties reach agreement

NEGOTIATION

The terms 'NEGOTIATION' IS used interwoven with bargaining. However, negotiation is the set of techniques that parties used to translate bargaining power into the ultimate settlement. It is a process of integrating conflicts by seeking to increase common interest and expand cooperation in order to broaden the area of agreement to cover the item under dispute.

1.2   PROBLEM STATEMENT

As times changes the dominant Issue In collective bargaining have tended to change globalization, as well as concepts of total quality management have replaced the issue of union recognition with economic issue of wages, hours and working conditions. With the advent of mechanization and automation job security and supplementary employees benefits have assumed greater importance. Among the current issues of significance are the following:

1.      Appropriate subject for bargaining

2.      Concessionary bargaining

3.      Productive bargaining

4.      Public employee bargaining

5.      Coalition bargaining

In view of the complexity of the bargaining structure coupled with an unfavourable environment the following baseline research issues have arisen namely:

1. How does one therefore get commitment from an individual employee in the public sector, towards achieving organization goal and thus commitment towards improving the future of the organisation rather than the individual himself in whom the individual employee is more concerned?

2. What role can productivity bargaining play in the dis-position of the Seaport? Human beings have certain needs craving satisfaction of the job. How can the personnel policies be directed towards satisfying such needs, more particularly integrating satisfaction of these need with achievement of organisation goals?

1.3    RESEARCH QUESTION

This study is designed to answer question relating to the effect of collective bargaining as a process of conflict resolution affects the performance of staff in Nigeria will be answered.

1. How does conflict resolution affects the performance of staff in Nigeria Port Authority?

2. What are the various measures collective bargaining aid the resolution of conflict in Nigeria Port?

3. What are the roles of unions and employers association on collection bargaining

4. Is there any Industrial dispute as a result of workers’ wages?

1.4    RESEARCH HYPOTHESIS

There is no significant relationship between conflict resolution and the performance of staff in Nigerian Port Authority.

Hi: There is significant relationship between conflict resolution and the performance of staff in Nigeria Port Authority.

Ho: There is no significant relationship between the various measures collective bargaining adopts and conflict resolution of conflict in Nigeria Port.

Hi: There is significant relationship between the various measures collective bargaining adopts and conflict resolution of conflict in Nigeria

Ho: There is no significant relationship between the roles of union and employers association and collective bargaining.

Ho:There is no significant relationship between the roles of union and employers association and collective bargaining.

Hi: There is There is significant relationship between the roles of union and employers association and collective bargaining

Ho: There is significant relationship between industrial dispute and workers.

Hi: There is no significant relationship between industrial dispute and workers wage.

Ho: There is significant relationship industrial dispute and workers wage.

1.5    PURPOSE OF THE STUDY

The purpose of the study seek to examine the role by collective bargaining of industrial reaction in the administration of NPPA. Since the establishment of NPA collective bargaining as played and effective and efficiency in the administration of this extra-mistrial parastatals which has hitherto to lead and increase revenue generation of Nigeria Government, success in industrial relations & industrial relations is largely based on knowledge; knowledge of the union with whom management does business or is likely to do business, knowledge of employees expectation, knowledge of development elsewhere, knowledge of the organization weaknesses and strength.

1.6    SCOPE OF THE COLLECTIVE BARGAINING

The scope of the collective bargaining is to examine various level of study between the Nigeria. Port Authority workers and their counterpart the employer. It is also emphasize deeply into the major causes of industrial conflict and effectiveness of collective bargaining in the Nigerian Port Authority. In view of this, the unions are to resolve into industrial conflict to the batterment of the NPA and enhancing effective and efficient job security introducing of new technologies and their social consequences training and manpower development refraining. Therefore, the study is relevant, toward seeking how collective bargaining will yield positive conflict resolution in workplace.

1.7    LIMITATION

The survey specially covers unionized seaport companies particularly those that have been using collective agreement based on union management negotiation. It is however important as a result of the most or the information to be used will be based on response from the questionnaire to be administered. Although, there are many seaport companies in Nigeria, as a result of population, six time distance and manpower resources, this has been limited toNIGERIA PORT AUTHORITY.

1.8    SIGNIFICANCE OF THE STUDY

A good knowledge and through understanding of collective bargaining procedure by, all employers of labour and trade leaders and members, is a must for the proper maintenance of industrial peace and harmony. This is because it provides an orderly methods of resolving the interests of individuals of varying emotion feelings, norm, values and aspiration. It also helps in the setting of wage rates and conditions services for the workers whenever there are conflicts. According to chamberlains (1980) the fundamental purpose of collective bargaining is to provide a mechanism for rules setting in industrial concerns. In addition its recognizes that the approach of collective bargaining has three broad objective namely; the distribution of economics wealth or setting of the terms of employments, as well as rules making in the workplace and the setting of industrials disputes.

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