Legality of Organized Strike Action

The recent strike action commenced by the organized labour unions of the Nigerian community has brought with it tales of woes in different sectors of the economy. The most agitating is the issue of a deliberate National grid shutdown by the Labour Union. According to the Transmission Company of Nigeria, this happened in the early hours of June 3, 2024. Many facets of the nations have been affected by this occurrence, especially essential service providers, more particularly medical workers and patients dependent on life support machines.

While it may be argued that the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) have valid grounds for commencing an indefinite strike action, the legality or otherwise of the almost sudden action has been questioned. The Attorney-General of the Federation maintains the position that the strike action is quite premature. According to him, the federal government and members of the Tripartite Union on determination of a new national minimum wage (the former determined under the National Minimum Wage Act 2019 has expired), have not declared an end to negotiation therefore the strike action is wrong and in non-compliance with the relevant Trade statutes.

Are the NLC and TUC wrong to embark on a national strike action with an almost rippling effect on all sectors? To ascertain the answer to this question, we need to take a quick dive into the requirements of the Trade Union Act and Trade Disputes Act to determine the prerequisites for a valid industrial strike or picketing action by organized trade unions. Section 31(6) of the Trade Union Act, Laws of Federation of Nigeria provides that before workers can embark on strike action:

1. they or their union must not be engaged in the provision of essential services (persons employed in the armed forces, involved in the manufacture of arms, persons employed by the Central Bank or Fire Service);
2. the strike must be in respect of a labour dispute that must constitute a dispute of right or collective agreement on the part of the employer, employee or trade union;
3. there has been compliance with the arbitration provisions encapsulated in the Trade Disputes Act, Cap T8, LFN 2004
4. the union must have conducted a ballot at which a simple majority of all registered members voted to go on strike.

Now Section 18(1) of the Trade Disputes Act, Laws of the Federation, 2004 (TDA), prohibits any strike action where the parties have not explored amicable settlement provided in independent agreements, or under the TDA. Where such settlement fails, the parties are to meet within seven days of the dispute and explore mediation a mediator appointed mutually by the parties. ?

Where parties fail to reach amicable settlement within seven days of attempting mediation, the parties should make a written report to the Minister of Labour within three days of such mediation failure, such report to include the issues arising, and steps taken to mitigate the dispute. Upon receipt of such report, the Minister may notify the parties to explore more settlement options and if the dispute remains unsettled after expiration of the notice or fourteen days following the notice, the minster may refer the parties to a conciliator, an Industrial Arbitration Panel (IAP), the National Industrial Court or a board of inquiry.

Without prejudice to the powers of the Minister, workers involved in essential service provision or workers who, if they cease work, shall cause danger to persons or property, are required to give a?minimum of fifteen days’ notice to their employers before ceasing work. Failure to do so has been tagged a crime under Section 42 of the TDA.

The relevant notices to be given by parties when disputes arise applies to both employer and employees. It is important to note that the TDA also prevents reference to court until all settlement options between the parties have been exhausted. This underscores the fact that both parties have a role to play. In the present circumstances, have the NLC and TUC complied with the joint provisions of the Trade Unions Act and Trade Disputes Act with respect to appropriate notice before strike action? Has the federal government complied with the statutory provision pertaining exhaustion of all remedial actions before proceeding to the court?

What are your thoughts on the matter?