The National Industrial Court (NIC) sitting in Lagos yesterday struck out a trade dispute suit instituted by Road Transport Employers Association of Nigeria (RTEAN) and the Registered Trustees of Tricycles Owners and Drivers Association of Lagos State (TODAL) against Trade Union Congress of Nigeria (TUC) and Tricycle Owners Association of Nigeria.
Justice O.A Obaseki-Osaghae of the NIC struck out the suit with the No: NICN/LA/256/2016 for lack of jurisdiction.
The judge held that RTEAN and TODAL did not exhaust the mandatory provision of Part 1 of the Trade Dispute Act (TDA) as stated by the defendants in their Notice of Preliminary Objection.
Ruling on the Notice of Preliminary Objection dated June 7, the judge said; “Having carefully considered the originating process and the submissions of the parties, the pleadings revealed that the suit is an inter-union dispute which falls squarely within Part 1 of the Trade Disputes Act (TDA) CAP T8 LFN 2004.
“An inter union dispute such as this invokes the conciliation and arbitration dispute resolution mechanism provided for in TDA.
“The provisions of Sections 4-9 of the Trade Disputes Act are mandatory and provide the procedure for resolving a trade union dispute.
“The dispute must have gone through the stages of mediation, conciliation and then the Industrial Arbitration Panel (IAP); whereupon if there is an objection to the IAP’s award, the jurisdiction of this court may be invoked.
“Therefore, the jurisdiction of this court as it relates to inter union matters such as this is strictly appellate; exercising original jurisdiction only as provided in Sections 15, 16 and 17 of the Trade Disputes Act. Furthermore, Section 7(3) of the NIC Act 2006 has not conferred the court with original jurisdiction in respect of trade union disputes.
“It prescribes that any such matter may go through the process of conciliation or arbitration before being heard by the court. This is in line with the provisions of the TDA.
“By the combined provisions of Section 4-9 of the TDA and Section 7(3) of the NIC Act, I find that this action is prematurely instituted. The jurisdiction of this court to entertain this dispute is appellate and not original and I so hold”, the judge further held.
Justice Obaseki-Osaghae thereafter declined to entertain the matter.
The court ordered the first claimant, RTEAN to exhaust the provisions of Part 1 of the Trade Dispute Act before approaching this court.
He held that the provision of Part 1 of the Trade Dispute Act is a condition precedent required before the appellate jurisdiction of the court can be activated.
“In the circumstances, the suit is struck out”, the judge said and awarded cost of N25,000 against the first defendant.
Tag: TUC
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TUC floors RTEAN, Okada riders in court
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Price hike ‘ll lead to crisis, says TUC
The Trade Union Congress (TUC) yesterday cautioned the government against an increase in the price of petrol,. It said such move would be an open invitation to crisis. President and Secretary General of the congress, Comrade Bobboi Bala Kaigama and Comrade Simeso Amachree, in a statement said: “The Trade Union Congress of Nigeria (TUC) views the recent statement credited to the Group General Manager, Crude Oil Marketing Department of the Nigerian National Petroleum Corporation (NNPC), Mr. Mele Kyari, that “the nation’s difficult business environment may make it difficult to sustain the current pump price of petrol” as highly insensitive and an open invitation to revolution in Nigeria.
“The Congress is surprised that the management of an organisation as important as the NNPC regularly contradicts itself, with members thereof speaking from both sides of the mouth.
“We care little about whose responsibility it is to make the sector optimally functional, be it the NNPC or the marketers or whoever. All we are saying is, “NO FURTHER PRICE HIKE.”
“We shall not tolerate infliction of more pain on Nigerians; we kick against closure of more factories; and we hold the government responsible for insecurity, crime and other vices. They should stop telling us they feel our pain when all they do is to make it worse”
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TUC decries call for fuel price hike
The Trade Union Congress (TUC) has decried alleged call by the Nigerian National Petroleum Corporation (NNPC) for an increase in the pump price of premium motor spirit (PMS).
In a release signed by TUC National President Comrade Boboi Kaigama on Tuesday, the union said: “Our attention has been drawn to the recent call by the management of NNPC for an increase in the pump price of premium motor spirit (PMS) from N145.
“It is annoying that the call came even when the Federal Government is yet to fulfil its promises and agreement reached with organised labour during the protest against the last price hike in May, this year.
“In case the management of the NNPC has forgotten, the economy is in crisis and life has become very difficult for the common man who now can hardly afford two square meals per day”.
Kaigama went on: “The minimum wage could no longer purchase a bag of rice,” adding that businesses were shutting down, leading to millions of job losses. This has led to increase in crime and other vices.
“If all the members of the NNPC team can offer as recipe to containing the scourge of economic downturn is to increase the price of petroleum products, then they are not fit to manage the sector and should throw in the towel.
“If the country had other sources of Foreign Exchange (forex) or produced most of what it imports, the economy would not be what it is now,” Kaigama pointed out, asking: “What stops the government from building more refineries and diversifying the economy?”
He said the Federal Government should maintain some stability in
forex rates, taking into cognisance that Nigeria was an import-dependent economy.
Kaigama said the implications of refining outside the country were enormous. “If you are refining outside, you must pay for cost of transportation, insurance and port charges, etc. We just cannot continue to toe the same line,” he said.
The TUC boss said the Congress would resist any hike in the price
of petrol if that’s what it would take to get the government into thinking out of the box.
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TUC rejects proposed 9% telecoms tax
The Trade Union Congress of Nigeria (TUC) has urged the Federal Government to drop its planned introduction of Communication Service Tax (CST). When passed into law, CST will automatically place a nine per cent tax charges on phone calls, Short Message Services (SMSs), Multi-Media Services (MMSs), data packages and other telecoms transactions.
In a statement jointly signed by TUC President Comrade Bobboi Bala Kaigama, and the acting Secretary General Simeso Amachree, the union described the proposed tax as an exploitation of the already-impoverished masses.
“We call on the Federal Government and the National Assembly to suspend the bill immediately because the masses are already overburdened with multiple taxation. It makes no sense for the country to initiate policies that would stifle businesses when it seeks to woo more investors.
“If we sufficiently understand the minister, we wonder how he expects such tax to be paid by any worker in a country where the national minimum wage is N18, 000 and at a time when workers’ take-home pay no longer takes them home. Apart from exploiting the already impoverished masses, the policy would also discourage investment and lead to loss of jobs,” the union stated.
The Minister of Communication, Mr. Adebayo Shittu, at a private sector dialogue session organised by the Lagos Chamber of Commerce and Industry (LCCI), in Lagos, last week, hinted that the planned tax, which has passed first reading at both chambers of the National Assembly, was conceived to help the Federal Government develop the ICT sector and implement its policies and plans in an integrated manner.
He claimed that Nigeria would earn as much as N20 billion monthly if the bill is passed into law, adding that it would also help to cushion some of the country’s economic challenges and fund budget deficits in no small measure.
But the union said: “While we appreciate the minister’s concern on how to fund the budget, should the government’s focus not rather be on ensuring more judicious use of revenue derived from Value Added Tax (VAT), Pay-As-You-Earn (PAYE), stamp duties, vehicle license, passport fees, customs duty, petroleum profit tax (PPT) and other taxes collected from the masses and companies?
“And would it not be more appropriate for the desired additional taxes to be imposed on the GSM operators and other players in the communications industry rather than the poor masses?”
Expressing concern over the issue, the group wondered why the common people should always be at the receiving end of government policies. “Most government officers rarely pay for anything, including their children’s school fees and utility bills. The cost is on us the masses,” Kaigama said.
Kaigama stated that the country was in economic difficulty and needed to generate more revenue to deliver on government promises did not mean that obnoxious laws which adversely affect disposable incomes and gross domestic product (GDP) should be promulgated.
He said stakeholders were not consulted before the meeting where the decision was taken, adding that various tiers of government that aimed to increase their revenues must do so by looking inward to the vast deposits of natural resources within their respective jurisdictions.
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TUC to govt: don’t force Oyo workers to join strike
OYO State Trade Union Congress (TUC) has been warned against forcing the National Union of Local Government Employees (NULGE) into its planned mass protest.
The Caretaker Chairman of Ibadan North West Local Government, Dr. Wasiu Olatunbosun, gave this warning while addressing council workers yesterday before the start of payment of 50 per cent balance of their December salary as agreed between him and NULGE.
The warning followed a five-day ultimatum issued by TUC to the state government to pay all outstanding salaries to workers.
According to him, NULGE is not a member of TUC, but they belong to the Nigeria Labour Congress (NLC).
“TUC does not have the right to drag NULGE members into their planned mass protest,” the council chief added.
On payment to workers, Olatunbosun said: “We want to show that we are committed to the agreement we signed with the NLC leadership. The governor has mandated all local governments and parastatals to look into how we can fulfil the agreement signed with labour.
“We met with the labour leaders, showed them the account balance and the balance will be used to pay the balance of December salary. They also stated that they will like to collect by hand because of some loan arrangement with their banks. And we said the money is ready with an agreement on the modalities.
“The second reason is to warn the TUC members that NULGE is not part of TUC. They have no justification to join TUC strike. The NLC just ended a long strike and now TUC is threatening to embark on strike; it must be for their members. They can’t force other union members to join. NULGE are not part of TUC. So, they have no right to join the warning or major strike.”
He said the council will be paying N17.2 million for 50 per cent of the December salary or regular staffs and 40 per cent for pensioners, adding that the total gross salary of the workers in the council is N49 million.
The NULGE chairman, Ibadan North West Local Government, Comrade Lamidi Yinusa, hailed the initiative of the caretaker chairman on the payment of salary.
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TUC issues ultimatum to Oyo over unpaid salaries
•Union condemns govt, NLC deal
oyo State Trade Union Congress (TUC) has issued a five-day ultimatum to the state government to “immediately offset” a backlog of eight months’ unpaid salaries to workers.
Its Chairman, Comrade Andrew Emelieze, issued the warning in Ibadan following the expiration of the period offered to the government.
The union, which described the alliance between the government and the Nigeria Labour Congress (NLC) as unholy, emphasised that a recent deal signed to end the industrial deadlock was not a true reflection of the yearnings of the various unions.
“We condemn in strong term the agreement between Oyo Government and NLC. It is totally condemned and vindictive. We shall not accept these conditions. It is a fraud and we will not be part of such agreement that is inimical to the future of workers.
“An extra five days ultimatum will be given to the state government to pay all outstanding arrears with interest. The people should start preparing for a mass action to occupy the state secretariat on August 8, 2016, should the government refuse to meet our demands.
“You will recall that the Oyo State Government and the NLC entered into an unholy alliance by signing a lactiferous and satanic agreement that is inimical to industrial harmony in the state. The agreement is illegal, illegitimate and unacceptable to the TUC.
“We condemn it in strong term as we see the sophisticated and nonsensical resolution, which allows government to sack workers and reduce work-force. The agreement is baseless and callous; we reject it in all its form and entity. It is a product only good for the dust bin,” Emelieze said.
He condemned the pronouncement by the state government to restructure the public service, which, the TUC leader claimed, is aimed at sacking workers.
Similarly, Joint Negotiating Council (JNC) Chairman Comrade Emmanuel Ogundiran said there was a subsisting Memorandum of Understanding (MoU) signed between the government and the unions.
But he noted that the leadership of the public service, the JNC, was not carried along in the agreement that was signed.
“Our jurisdiction has been encroached. All stakeholders must come together to put an end to this shortcoming. Government should do the needful,” Ogundiran said.
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TUC condemns shooting of workers in Nasarawa
The Trade Union Congress of Nigeria (TUC) has condemned the shooting of unarmed workers by the police men posted to the Nasarawa State Government House during a joint visit of the leadership of organised labor to the governor which left one person dead and two other injured.
The leadership of the Trade Union Congress of Nigeria (TUC) and the Nigeria Labour Congress (NLC) had visited Governor Umaru Tanko Al-Makura on Friday over the 50 percent cut in the salaries of workers when policemen opened fire on workers who were protesting the government decision.
In a statement signed by its President, Comrade Bobboi Bala Kaigama, and Acting Secretary General, Comrade (Barr.) Simeso Amachree, the TUC asked the Inspector General of Police to immediately prosecute those responsible for the action, warning that failure to do that will force workers int the street to protest against police brutality.
The statement made available to newsmen in Abuja said: “We are distraught that labour leaders who were in the state to dialogue with the state government over the unlawful 50 percent cut in salaries of workers in the state were confronted with such dastardly act.
“We are especially shocked that the incident happened while the new Commissioner of Police in the state was also there visiting the governor. It was certainly uncalled for because the workers were unarmed and their protest was very legitimate and peaceful. There is absolutely no reason why bullets should be employed to intimidate and cow workers from insisting on their fundamental rights.
“It is simply inexcusable for the police to employ maximum force against innocent workers who, apart from not being paid promptly, had their salaries unlawfully cut by 50 percent. Security operatives are supposed to protect life not waste same.
“While we urge the workers in the state to remain calm and law-abiding, we also call on the Inspector General of Police to ensure that the trigger-happy officer or officers responsible for the shootings are promptly disengaged from the Nigeria Police Force and fully prosecuted.
“We want to see justice done in this matter. Unless this is done within the next few days, Nigerian workers shall not hesitate to embark on indefinite nationwide protest against police brutality. Meanwhile we warn the Nasarawa State Government to immediately pay it’s workers their full salaries and other entitlements, or be ready for a total industrial face-off”. -
Ekiti TUC leader sues Fayose over ‘retirement’
The court-validated Chairman of Trade Union Congress (TUC) in Ekiti State has sued Governor Ayo Fayose and his administration at the Akure Division of the National Industrial Court of Nigeria (NICN) over his compulsory retirement from the civil service.
Olaiya joined Fayose, Ekiti State government, Attorney General and Commissioner for Justice and Civil Service Commission in the suit.
He condemned a public service announcement placed by the Civil Service Commission claiming that he was no longer the state TUC Chairman.
The labour leader insisted that a judgment of the same court in 2013, which validated his chairmanship, had not been set aside by a superior court of record.
The judgment held that Olaiya’s tenure ends on September 30, 2016.
Olaiya faced an Administrative Panel of Inquiry following his comments that the state government had received the bailout funds in August 2015, which the government denied at the time.
He was given a compulsory retirement and demoted from Grade Level 12 to Grade Level 10 as a state counsel in the Ministry of Justice.
In a chat with The Nation yesterday, Olaiya said he was not given a fair hearing by the panel, adding that the exit from service does not in any way affect his tenure as the state TUC boss.
Olaiya said: “Let Fayose meet us in court to see the legality of his action on my demotion and compulsory retirement. The Civil Service Commission did not follow the rules since my appointment was regulated by statute.
“As for the TUC status, I remain the chairman; no illegal retirement can erode it. Fayose and his government can seek legal advice on it; but as it is, Olaiya is the authentic TUC chair for Ekiti State.”
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Institute raises alarm over TUC/Unity Bank $1b deal
The Institute of Credit Administration (ICA) has expressed worry over the propect of the $1bn investment being proposed by the Trade Union Congress (TUC) in Unity Bank Plc.
The TUC through its consultant, Black Tritium Capital Management Limited, an equity and investment fund manager recently signed a deal to invest N80bn in Unity Bank Plc within the next three years and subsequently acquire 57 per cent equity holding, thus making it the majority shareholder of the financial institution.
But speaking with The Nation at the weekend, the Registrar/CEO of ICA, Prof. Chris Onalo said ordinarily the institute would not have commented on the deal if it was convinced that it is in the best interest of the banking consuming public.
Waxing philosophical, the ICA boss said, the proposed $1bn deal was both a mixture of good and bad news. “To Unity Bank, the new stream of investment will obviously help to shore up its capital base to an appreciable level but there is more to banking than raising capital,” he said.
Justifying the reasons why ICA had to raise the red flag over the deal, Onalo said as an institute which tracks credit procedures and processes in all sectors of the economy including the public and the organised private sector, it felt obliged to take a position because the proposed $1bn deal is such a significant investment.
While noting that N80bn will give TUC a very strong leading position in the affairs of the bank as a majority shareholder, he was, however, quick to add that judging by TUC’s pedigree it is not certain if it can bring any value addition to the bank.
“It is very probable that TUC doesn’t have domain expertise in the area of banking and as such may not be able to improve on the bank’s fortunes on the long run. We’re lost as to what domain expertise TUC has to back up such deal,” he said.
Raising some posers, he said: “Is it salary accounts that the banks is looking to have? Is that what the bank needs to strengthen the bank?”
There more negative implications of the deal than there are positives, he stressed.
“The public perception of TUC is not cheery. Consequently, there will be negative perception of the banking public against Unity Bank. This is what Nigerians need to worry about.”
TUC as a majority shareholder of the bank is going to affect the credit culture of the bank and this must be avoided, he stressed. “Going by the pedigree of TUC, they have not been able to prove to the public that they have the requisite skills to manage a bank of such magnitude.”
The credit expert who observed that the details of the deal was hazy, said ordinarily it ought to have been cleared by regulatory agencies in the financial and banking sector, especially the Central Bank of Nigeria.