A LEGAL APPRAISAL OF COLLECTIVE BARGAINING AND RIGHT TO STRIKE UNDER NIGERIAN LAW

Conflict in Industrial relation is almost inevitable because of the divergent interest and aspirations of the parties in the relationship, that is the employer and employee. The relevance of collective bargaining is so enormous in order to bring about amicable settlement of trade disputes. Strikes are one of the bargaining tools used by workers to advance their interests. The findings indicated that collective bargaining is effective in resolving industrial conflicts that arises between labour and management. The problem of collective bargaining not being able to resolve issues of job security, unions’ welfare, and safety of workers in Nigeria, as it is practice in other jurisdictions. The findings showed that collective bargaining does not guarantee job security but it helps labour unions to speak and act collectively as against a single individual: worker whose voice may not yield any impact on the decisions of the management. The paper concluded that in Nigeria, labour’s right to strike is not automatic as some workers rendering essential Services are prohibited from resorting to industrial actions such as strike and they do not engage in collective bargaining of have any collective agreement with the government over conditions of service: Therefore, the paper recommended that during collective bargaining, all members of the union should ensure that the decisions that shall be taken by the leadership of the union on their behalf, is in accord with the majority opinion of the members of the union, else, the leaders might take a decision, which is unacceptable to the majority of the members. Nigerian workers with the exception of workers rendering essential services to the Nigerian Government should ensure that they join and participate in union activities as ibis observer that collective' decisions is better than an individual worker’s decision which is feeble and may by ignored by management of an industry.