The relevance of Trade Unions in the new world of work

The first recorded workers protestation in Nigeria happened in 1897. This led to the formation of the Federal Trade Union in 1912 and by 1938, the first piece of legislation creating a legal framework for trade unionism was written; today, we have the Trade Unions Act. The 60s and 70s of trade unionism led to the emergence of people like Pa Michael Imodu - who is still considered as the “father of unionism” and the 80s and 90s produced Adams Oshiomole and Frank Kokori. However, from the 90s, there has been decline in the membership and influence of the trade unions, worldwide. For instance, Forbes in a research published in 2019, noted that union membership among OECD countries had fallen by 14%, between 1985 and 2019.

During the recent edition of our DIGITAL CONVERSATIONS, in partnership with the Nigerian Bar Association, Section on Business Law, Employment, Labour and Industrial Relations Committee, (ELIR), our esteemed guest discussed “The Relevance of Trade Unions in the New World of Work”.

On the panel were Hon Justice Nelson Ogbuanya, of the National Industrial Court of Nigeria; Abdussobur Olayiwola Salam, National Vice President, Senior Staff, Association of Nigerian Universities; Wofai Roberts, Senior Associate, Opal Law Office, and Ose Okpeku, Chairperson, ELIR, and Partner, The Law Crest LP.

Okpeku, in his opening statement referenced a report published by the ILO titled, “Global challenges to Trade Unions” which posited that membership of trade unions have declined because over time, Unions have concentrated more on multinational and big industries, neglecting SMES. He added.

“The movement of work from manufacturing to service industry and the emergence of atypical work patterns has created a challenge for them. The fact that as it stands today, 60 percent of the workforce, and below by millennials, and by 2025, 70 percent of the workforce will be made up of millennials actually create a conundrum for the unions, because they might feel that unions are not fashioned to drive the value proposition relevant to this other segment of the workforce.”

Salam, addressing the continuing relevance of the trade unions said that trade unions, besides being a medium for collective bargaining, provide a sense of belonging. In addition, they serve to balance power in the workplace, by creating a balance in the relationship between an employee and the employers.

Wofai, citing relevant provisions of the law, noted that the fact that workers have a right to unionize themselves does not necessarily give relevance to Union itself. He added.

“What makes the union relevant is the capacity of the Union to ensure that it’s able to meet the interests of its people. So, looking at all international legislation, constitutions and conventions, this is the one common denominator. Trade Unions must ask, “Is there interest aggregation? “Are the interests of members being met?” “Are the members of the Union satisfied with the mechanisms by which the union has decided to pursue their goals?”

Hon. Justice Ogbuanya, addressing the nexus between the Right to Freedom of Association and Trade Unionism noted that the Right to Freedom of Association is not an absolute right.

“I had a couple of cases

@Businessdayng where some persons registered parallel unions and went as far as to register their organisations at the Corporate Affairs Commission. This does not make you a trade union as Sections 11 and 13 of the Trade Union Act makes it very clear how to become a trade union. So, the freedom of association is not an absolute right, for the purpose of joining or forming any trade union, which inter alia, requires that you be registered with the trade union registry. Thus, if a union is already registered in that sector, you have no option than to belong to that union. You can the list for unions that are registered in various sectors of the industry, so how can one come up with a new union? Again, due regard must be paid to the Constitution of the Union. What are the qualifications for membership? Every association has those basic elements”