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The President of the National Industrial Court of Nigeria, Hon. Justice Benedict Kanyip, PhD, OFR, has struck out the case filed by the Raw Materials Research and Development Council against the Nigeria Civil Service Union and others for being incompetent.
Justice Kanyip ruled that as far as the law against interference in trade union matters by an employer is concerned, the Raw Materials Research and Development Council is only entitled to be informed, as the Nigeria Civil Service Union's permission to undertake trade union activities is only needed if that will be during working hours, and certainly not outside of working hours.
The Court held that the jurisdictional scope and deduction of check-off dues, an employer is a passive party and cannot assume the role of a claimant, as doing so amounts to interference in trade union affairs contrary to international best practices and the Freedom of Association and Protection of the Right to Organise Convention, 1948.
From facts, the claimant, Raw Materials Research and Development Council, had approached the Court seeking interpretation of Sections 17 and 25 of the Trade Unions Act regarding recognition of the Nigeria Civil Service Union and deduction of check-off dues from its employees.
Counsel to Raw Materials Research and Development Council posited that the Nigeria Civil Service Union and its Abuja Chapter unionised its employees and inaugurated an executive without first seeking and obtaining formal recognition from the management of the Council.
The Council further argued that there was a lacuna in the Trade Unions Act as to the sequence of recognition and unionisation, and urged the Court to pronounce on whether a trade union must first formally notify and obtain recognition from an employer before commencing union activities within the establishment.
On record, the 6th defendant, Yildet, representing himself and the Nigeria Civil Service Union and Nigeria Civil Service Union Abuja Chapter merely told the Court that he had nothing to add when the Council adopted their written address.
Delivering a well-considered ruling after reviewing the processes and submissions before it, the Court’s President, Justice Benedict Kanyip held that the interest of the Raw Materials Research and Development Council regarding the question for determination is passive and does not entitle it to come to court.
Justice Kanyip reiterated that only a rival union challenging the jurisdictional mandate of the Union over the staff of the Raw Materials Research and Development Council or the staff of the Development Council indicating individually and in writing that they are opting out, and so check-off dues should no longer be deducted have the locus to challenge the Union in this regard.
Justice Kanyip affirmed that where a registered trade union listed under the Trade Unions Act covers junior staff, registration is deemed, recognition is automatic, and deduction of check-off dues is compulsory based on eligibility, and it is not open to an employer to elect whether to recognise such a union.
“The law is that in questions of jurisdictional scope between trade unions and recognition disputes, an employer is often a passive party and so may not necessarily be a party to the suit; yet the outcome of the suit may be enforceable against the employer. The claimant cannot, as a claimant, pose the questions it did in this suit. It can only be called upon to answer as a defendant. Certainly not as a claimant. I so hold.” The Court held.
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