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  • FG officially unbundles ASUU, NARD; CONUA, NAMDA get certificates

    FG officially unbundles ASUU, NARD; CONUA, NAMDA get certificates

    The Federal Government on Tuesday presented certificates of registration to the newly registered Congress of Nigerian University Academics (CONUA) and the National Association of Medical and Dental Academics (NAMDA).

    Sen. Chris Ngige, the Minister of Labour and Employment, presented the certificates to the unions at a ceremony in Abuja.

    “In doing this, both unions are officially recognised and have been registered to unbundle the Academic Staff Union of Universities(ASUU) as well as the National Association of Resident Doctors(NARD),” Ngige said.

    He said that both unions have been officially gazzetted, hence entitled to all labour rights as enshrined in the Nigerian Constitution and International Labour Organisation(ILO) convention.

    The minister said that the federal government was working out modalities for payment of withheld salaries of CONUA and NAMDA members for the duration of ASUU strike.

    The minister added that it would amount to injustice if they were victimised because they never partook in the strike in the first instance.

    Ngige also said that the alleged lack of democracy, transparency and failure to render proper account of check off dues by ASUU, both to her members and the government culminated into the emergence of the new unions.

    He said that this had spurred considerations for the registration of CONUA and NAMDA.

    He said the gazzetting and certificate presentation were in conformity with section 3:2 of the International Trade Union Convention.

    “Trade unionism is for workers and employers of labour to organise themselves and its a voluntary act.

    “Prior to 2020, CONUA had approached the ministry complaining of lack of democracy, transparency in the leadership of ASUU, especially in rendering proper account of their check up dues remitted from government.

    “Based on these grievances the ministry decided to register the members of CONUA to operate as a full-fledged union for which we have issued a certificate of registration and gazzetting which is part of section 3:2 of the ITUC.

    “Unbundling is not new, the Nigerian Union of Pensioners, (NUP) NEPA and NNPC have been unbundled,” he said.

    Speaking, Dr Niyi Sunmonu, CONUA President, commended Ngige, for the presentation of the certificate.

    Sunmonu alleged that the high handedness of ASUU’s leadership gave birth to the association.

    “Now that CONUA has been given official backing through the presentation of certificate, the era of incessant strikes in the university system was over,” he said.

    He however, protested the continued remittance of members check off dues to ASUU, while urging the minister to intervene to reverse the trend going forward.

    “Today is a historic day and it is exciting to be back to this great Ministry in conclusion of the final phase of the registration of CONUA, which is marked by the collection of certificate.

    “We appreciate the Minister of Labour and Employment, Dr. Chris Ngige, and his remarkable team for finalising the registration of CONUA with the issuance of the certificate of registration of the Union to us today.

    “In CONUA, our primary purpose at all times has been to promote the welfare of our members, while being constantly conscious of the overriding national interest.

    “With this complete registration, we assure Nigerians that we shall embark on meaningful and realistic discussions and negotiations with the Federal Government and all other stakeholders on how we can get a better deal for university lecturers.

    “Also indeed for better working of the entire system without necessarily rocking and sinking the boat,’’ Sunmonu said.

    He however, alleged that ASUU through subterfuge, had caused the check-off dues of CONUA members to be paid to its account for some months through the IPPIS office.

    He said that the inappropriate remittance to ASUU was reflected on payslips of CONUA members for the affected months.

    He also said CONUA had expressly written to the appropriate authorities to stop remitting its check-off dues to ASUU.

    “In other words, CONUA was recognised by law as a bonfire trade union right from the time it was formed in 2018, and it was entitled to collect the check-off dues of its members by and for itself.

    “We implore the support and cooperation of the Federal Government, as we take off effectively, we assure that will not let this nation down as we shall diligently continue to perform our duties, ’’he said.

    Also, NAMDA President, Dr Ali Ramat commended the minister and his team for the presentation of the certificate.

  • FG seeks NLC approval to allow registration of 2 new unions

    FG seeks NLC approval to allow registration of 2 new unions

    The Federal Government has appealed to the Nigeria Labour Congress (NLC) to rescind its opposition to the registration of two new academic unions in the Nigerian public university system.

    Sen. Chris Ngige, Minister of Labour and Employment, made the call in a statement signed by Mr Olajide Oshundun, Head, Press and Public Relations, in the ministry on Tuesday in Abuja.

    Newsmen reports that the new unions are the Congress for Nigerian University Academics (CONUA) and the Nigeria Association of Medical and Dental Academics (NAMDA).

    Newsmen reports that CONUA and NAMDA received letters of recognition recently by the ministry in Abuja.

    However, in a letter to Ngige, the President of NLC, Mr Ayuba Wabba, demanded the withdrawal of the letters issued to the unions, on the grounds that their registration contravened the laws guiding trade unionism.

    Ngige, in his reply, on Oct, 12, had appealed to NLC to allow the new unions to exist in the spirit of Freedom of Association.

    The minister insisted that the Trade Dispute Act 2004 gives him the sole power to register new trade unions, either by registering a new union or regrouping existing ones.

    He reiterated that the new unions were offshoots or by-products of regrouping and their applications were considered by two committees of his ministry.

    He said that this was with the Registrar of Trade Unions participating when the first recommendation for approval was given in 2019, and again in 2022.

    He also said that CONUA and NAMDA were regrouped from the Academic Staff Union of Universities (ASUU), for efficiency and effectiveness in the system.

    The minister added  that ,more importantly, to protect these groups of university teachers whose worldview differs from the restive parent union.

    “Comrade President, do not unnecessarily oppose the registration of these new academic unions.

    “Because with ASUU, they are all like seeds on the academic soil of Nigeria and which will grow into big trees we don’t know, but the one which her trees are not bearing good fruits, we already know.

    “So, as an uncle of the unions, oppose none in the spirit of Freedom of Association, ’’he said.

    He said that it should be noted that Section 3 (2) of the Trade Dispute Act, CAP T14 gives the Minister of Labour and Employment, the sole power to register new trade unions, either by registering new trade union or regrouping existing ones.

    He added that the matter was a subject of litigation in the National Industrial Court of Nigeria (NICN) in most recent case which the President of the NLC failed to mention in his narration of court cases,

    “The case of the Nigerian Union of Pensioners (NUP) and the regrouped Federal Parastatals and Private Sector Pensioners Association of Nigeria (FEPPAN) from NUP where the Law on Regrouping of Trade Unions was extensively explored and ruled upon.

    “Unlike the cases cited by the President of the NLC to misinform the general public and unfortunately lead astray his affiliate Trade Union – ASUU,’’he said.

    Ngige recalled that the NICN in a Suit no. NICN/ABJ/219/2019, buttressed its earlier ruling on the matter and which had stated inter alia that the power to register trade unions resides with the Minister of Labour and Employment.

    He noted that the last segment of Section 3(2) does not refer to the regrouping of existing trade unions, hence, the differentiation within the section between registering a new trade union and regrouping existing ones.

    According him, we note your reference to Section 5 of the same Act, which deals with the “Procedure on receipt of application for registration” of a Trade Union.

    “Section 5(4) in Particular states that the Registrar shall not register a trade union if it appears to him that any existing trade union is sufficiently representative of the interests of the class of workers concerned-CONUA members were ostracised and de-unionised by ASUU.

    “Do we as the “Competent Authority” on Labour matters, including trade union services, pay homage to ASUU and acquiesce to leaving a large segment of lecturers and academia un-unionised, without protection, without a voice, and without a right at work.

    `Are these workers not covered by the same ILO Conventions nos. 87 & 97?”

    On NAMDA, Ngige said that they are medical doctors lecturing in the universities  were against the incessant prolonged and illegal strikes by ASUU.

    “They said the strike had disrupted medical training and caused consequential damages to the educational system and by implication, the quantity and quality of future medical doctors and dentists in Nigeria.

    “They have been teaching and some have graduated their students since the 8-month old strike by ASUU which commenced on Feb 14 2022. Universities of Maidugri, Bauchi and Sokoto medical teachers are indeed patriots.

    “Moreover, their peculiar needs are quite different from the rest of ASUU members and they are often left out on welfare and career progression in the universities – the core functions of a registered trade union,’’he said.

    Ngige therefore, said the NLC President to desist from using his position to deceive the general public by misguiding them with mal-citations of Labour Authorities.

    He added that, if ASUU feels aggrieved, they could approach the Courts for Judicial remedy as law abiding citizens just like the Federal Government through Federal Ministry of Labour & Employment.

    “That is  by virtue of the powers conferred by Section 17 of the TDA,  transmitted the FG/ASUU trade dispute to the NICN for adjudication, due to refusal of the union to comply with the provisions of Section 18 of the TDA, conciliation having failed,’’he said.

  • ASUU: Respect Trade Unions Act, NLC writes Ngige over registration of CONUA, NAMDA

    ASUU: Respect Trade Unions Act, NLC writes Ngige over registration of CONUA, NAMDA

     

    …says recognition of new unions violates Act

    The Nigeria Labour Congress has written to the Minister of Labour and Employment, Senator Chris Ngige, over the registration of two unions for tertiary institutions despite the existence of the Academic Staff Union of Universities.

    In the letter, the NLC called on Ngige to respect the Trade Unions Act on registration of new ones where one already exists.

    It said: “We wish to posit that the granting of Certificates of Registration to Congress of Nigerian University Academics (CONUA) and Nigeria Association of Medical and Dental Lecturers in Academics (NAMDA) by the Federal Ministry of Labour and Employment, is in violation of our laws which have been tested and affirmed from the National Industrial Court of Nigeria to the Appeal Court and up to the Supreme Court. The foundation of these laws was set in international labour standards, particularly the International Labour Organization (ILO) fundamental Conventions 87 and 98 which were some of the First lLO standards ratified by Nigeria upon the attainment of Independence.

    “Having ratified ILO Conventions 87 and 98, Nigeria has domesticated the same in our Constitution especially Section 40 which guarantees freedom of association. The Constitution went on to regulate freedom of association in Section 41 (2). This is pursuant to public decorum and order since where one right ends another begins.

    “Nigeria’s labour laws in furtherance of the constitutional regulation on freedom of association provided certain conditions for the registration of trade unions upon which compliance Certificates of Registration can be given to trade unions by the Ministry of Labour.

    “Section 3 of the Trade Union Act stipulates the following conditions for the registration of trade unions: (1) An application for the registration of a trade union shall be made to the Registrar in the prescribed form and shall be signed (a) in the case of a trade union of workers, by at least fifty ’ members of the union; and (b) in the case of a trade union of employers, by at least two members of the union.

    “(2) No combination of workers or employers shall be registered as a trade union save with the approval of the Minister on his being satisfied that it is expedient to register the union either by regrouping existing trade unions, registering a new trade union or otherwise howsoever, but no trade union shall be registered to represent workers or employers in a place where there already exists a trade union.

    “Section 5 of Trade Union Act went on to stipulate the following additional conditions for the registration of a new trade union: “(1) Where an application for the registration of a trade union is received by the Registrar, the following provisions of this section shall app of a trade union is received by the Registrar Provided that if the application appears to the Registrar to be defective in any respect, he shall notify the applicant accordingly and shall take no further action in relation thereto until the application has been amended to his satisfaction or a fresh application is made in place thereof.

    “(2) The Registrar shall cause a notice of the application to be published in the Federal Gazette, stating that objections to the registration of the trade union in question may be submitted to him in writing during the period of three months beginning with the date of the Gazette in which the notice is published.

    “(3) Within three months after the end of the said period of three months the Registrar shall consider an objection submitted to him during that period and, if satisfied: (a) that no properer objection has been raised; (b) that none of the purposes of the trade union is unlawful; and (c) that the requirements of this Act and of the Regulations with respect to the registration of trade unions have been complied with, shall, subject to subsection (2) of this section, and to section 6 of this Act, register the trade union and its rules.

    “(4)The Registrar shall not register the trade union if it appears to him that an existing trade union is sufficiently representative of the interests of the class of persons whose interest the union is intended to represent.

    “Clearly, from the provisions of Section 3(2) and Sections 5(2), 5(3) and 5(4), there is no basis for the purported registration of the Congress of Nigerian University Academics (CONUA) and the Nigeria Association of Medical and Dental Lecturers in Academics (NAMDA) as both entities failed woefully to satisfy the precedent conditions provided by the Trade Union Act for the registration of trade unions.

    “As earlier posited, the legitimacy of granting registration certificates to groups in a sector where unions already exist has been tested in our courts from the National Industrial Court to the Supreme Court. In the case of Erasmus Osawe Vs Registrar of the Trade Unions and also the case of Nigeria Nurses Association Vs Attorney General of the Federation Unreported Suit No. S.C. 69/ 1980 delivered on 6th November 1981, it is trite that anywhere there exists a union registered to cater for a category of the workforce it would be unpardonable proliferation and offence against the Constitution and Trade Unions Act for any other union to be registered for the same category of workers.

    “And this position was more recently restated by the Supreme Court in a judgement delivered on 11th January 2008 and cited as (2008) 1 S.C. (PT.III) Supreme Court Justices led by Hon. Justice Sylvester Onu and four others.

    “Honourable Minister, in view of the foregoing, we demand that you respect the doctrine of the Rule of law especially the clear provisions of our labour laws cited and withdraw the Certificate of Registration issued to the two new trade unions.”