The National Industrial Court sitting in Calabar has ordered the Akwa Ibom State University and its Vice-Chancellor to recognise the university’s chapter of the Non-Academic Staff Union of Education and Associated Institutions (NASU).
In an April 1 judgment, Justice O.A Obaseki-Osaghae declared that the claimant indicated its willingness to the university’s management to organise its non-academic staff.
“The defendants are hereby ordered to accord immediate recognition to the claimant and its branch in the first defendant (the university) and not interfere with or obstruct its right to operate and carry out its trade union activities,” the judge held.
Justice Obaseki-Osaghae said the claimant has established a branch in the university, and that the institution’s conduct in not according recognition to NASU is an unfair labour practice.
The judge held that the union is entitled to union dues from its members in the university’s employment.
“The first defendant is hereby ordered to begin deduction of union dues forthwith from the members of the claimant in its employment and remit same to the claimant,” the judge said.
The judge ordered the defendants “to provide a conducive atmosphere for the claimant’s trade union activities,” and awarded N25,000 to the claimant as incurred cost in the suit.
The claimant had filed the action by originating summons on March 21 last year.
It prayed the court to determine whether having regards to the 1999 Constitution (as amended), the Trade Union Act of 2004 and letters written to the university’s management, NASU had not expressly indicated its willingness and duty to unionise its members in the university’s employment.
NASU also prayed the court to determine whether, by virtue of the laws and notification letters, the union is not entitled to automatic recognition by the defendants.
It also asked the court to determine whether the defendants’ action in not recognising the union does not amount to unfair labour practice.
The university, in its defence, had urged the court to determine if NASU can unionise its workers when they had not voluntarily consented to its membership.
The defendants also asked whether the claimant had the locus standi to file the action when it was yet to unionise its staff.
The university claimed that, in line with Section 40 of the 1999 Constitution, membership of any union is voluntary and its non-academic staff cannot be compelled to become members, as such would amount to an infringement of their rights.
Dismissing the defendants’ arguments, Justice Obaseki-Osaghae held there was documentary evidence that NASU informed the university of its intention to inaugurate the branch, adding that the union’s inaugural meeting had 46 attendees.
“The right to trade unionism is a fundamental right of workers. The right is so important that employers are enjoined not to interfere with its exercise in any way,” the judge said.
The court further held that the union should also not be stopped from deducting union dues from its members in the university’s employment.
According to the judge, Section 17 (a) (b) of the Trade Union Act provides that the employer shall make deductions from wages of every worker who is a member of any trade union and remit the money to the union.
“This provision stipulates compulsory deduction of union dues. No room for doubt and where the check-off dues deducted is to be remitted. It is to the registered office of the claimant. This is the law,” the judge held.
