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MANAGEMENT OF JOKI (NIGERIA) LIMITED AND UNION OF SHIPPING, CLEARING AND FORWARDINGAGENCIES WORKERS OF NIGERIA (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT S.O. KOKU, ESQ. - MEMBER ALHAJI Z.M.BELLO - MEMBER SUIT NO: - NIC/7/86 DATE OF JUDGMENT - FRIDAY, 27TH FEBRUARY, 1987 LABOUR LAW - Trade union - Membership of - Proof of -Procedure and modes thereof - Whether membership of trade union is automatic. LABOUR LAW - Trade union - Recognition of by employer – Conditions precedent thereto. LABOUR LAW - Trade union - Registration of - Source of –Schedule 3, section 5(7), Trade Unions (Amendment) Decree, 1978. TRADE UNION LAW - Trade union - Membership of - Proof of -Procedure and modes thereof - Whether membership of trade union is automatic. TRADE UNION LAW - Trade union - Recognition of by employer – Conditions precedent thereto. TRADE UNION LAW - Trade union - Registration of - Source of -Schedule 3, section 5(7) of the Trade Unions (Amendment) Decree, 1978. ISSUES: 1. Whether the refusal of the Appellant to recognize the Respondent is justified or not. 2. Whether the Respondent has proved to the satisfaction of the court that the rest of the Appellant are its members. FACTS: The issue in dispute between the parties was the refusal of the Appellant to recognize the Respondent Union. The issue was part of the terms of reference of the dispute, which was referred to the Industrial Arbitration Panel. In its award, the panel IAP ordered the Appellant to give immediate recognition to the Respondent. The Appellant objected to the third item in the Award relating to the immediate recognition of the Respondent Union, and it was referred by to the National Industrial Court. HELD: (Dismissing the appeal): 1. On Conditions a trade union must satisfy to be entitled to recognition by an employer - A trade union must satisfy the following two conditions to be entitled to recognition by an employer: (a) The union must be registered by the Registrar of Trade Unions in ace; with section 5 of the Trade Unions Decree, 1973, as amended by the Trade Unions (Amendment) Decree, 1978. (b) The trade union must have persons in the employment of the employer as members of the union. In other words, membership of the employees in the trade union must first be established before the trade union can claim that it is entitled to recognition by the employer. 2. On Conditions precedent to recognition of a trade union by an employer - Section 22 of the Trade Disputes (Amendment) Decree No.22 of 1978 pro vi where there is a trade union of which persons in the employment of an members, such a union if registered is entitled to recognition by the Membership of the employees in a trade union must first be established 1 trade union can claim that it is entitled to recognition by the employer. 3. On Source of registration of trade union - A trade union listed under Schedule 3 referred to in section 5(7) of the Trade Unions (Amendment) Decree, 1978 is a duly registered trade union. In the instant; court took judicial notice that the Respondent was a duly registered trade virtue of section 5(7), since it was listed in the said schedule. 4. On How membership of a trade union proved - The procedure provided in a trade union's constitution is one way in which the membership of the union can be proved. Membership of a union can also be proved r- the conduct of the union and the workers, even without formal proof of the step stated in the constitution. 5. On Whether membership of trade union is automatic - The Trade Unions (Amendment) Decree No.22 of 1978 does not confer on employees automatic membership of a trade union. Nothing in the provisions of the Labour (Amendment) Decree No.21 of 1978 and the Trade Unions (Amendment) Decree No.22 of 1978 can be construed to mean or support the view that membership of a union is automatic. Each union must still establish its membership. 6. On Modes of proof of membership of a trade union - The best mode of proving membership is by strict adherence to the constitution of a ride union. The court, however, can admit a less formal proof of membership where the workers have declared, singly or collectively, that they are members of a union, and the union has declared in writing that the workers are its members. Proof of membership of a trade union is a question of fact, which the court has to determine in the circumstances of each case. The IAP heard all the parties and came to the conclusion that it lacked jurisdiction to entertain the matter in view of the provisions of section 3(3) of Decree No. 17 of 1984. The Appellant being dissatisfied with the IAP Award objected thereto, and the dispute was referred to the National Industrial Court. HELD: (Declining jurisdiction to entertain the matter): On Whether National Industrial Court has jurisdiction to entertain issue of termination nment of workers made under Decree No. 17 of 1984 - The National Industrial Court lacks jurisdiction to entertain issue of unwarranted mass termination of the employment of workers by the management of a company made pursuant to Decree No. 17 of 1984. H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, S.O. KOKU,ESQ. MEMBER, ALHAJI Z.M. BELLO MEMBER