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NATIONAL UNION OF PUBLIC CORPORATION EMPLOYEES AND KWARA STATE UTILITY BOARD (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT ALHAJI Z.M. BELLO - MEMBER E.O. OLO WU, ESQ. - MEMBER SUIT NO: - NIC/1/90 DATE OF JUDGMENT - THURSDAY, 22ND NOVEMBER, 1990 CIVIL SERVICE - Trade union - Membership of trade union -Junior or senior officers for purpose of membership of trade union in the Civil Service - Meaning of. LABOUR LAW - Staff of a company - Projection of employer – Determination of- Factors guiding. LABOUR LAW - Staff of a company - Projections of employer - Members of staff who are - employer’s discretion to determine - Whether absolute. LABOUR LAW - Trade union - Determination of - Desirability of - Need for workers to join unions in accord with their status. LABOUR LAW - Trade union - Establishment of- Freedom of employees to establish - Need for employer not to midwife. LABOUR LAW - Trade union - Membership of- Limitation of by management to employees on certain grade levels - Whether conflicts with employees’ constitutional right to free association. LABOUR LAW - Trade union - Membership of trade union- Junior or senior officers for purpose of membership of trade union in the Civil Service - Meaning of. LABOUR LAW - Trade union - Membership of trade union-Right of worker to join a union of his choice- Whether the Civil Service Rules forbid same. TRADE UNION LAW - Trade union - Determination of Desirability of - Need for workers to join unions in accord with their status. TRADE UNION LAW - Trade union - Establishment of - Freedom of employees to establish - Need for employer not to midwife. TRADE UNION LAW - Trade union - Membership of - Limitation of by employer to employees on certain grade levels - Whether conflicts employees’ constitutional right to free association. TRADE UNION LAW - Trade union - Membership of - Right of’ worker to join a union of his choice . Whether the Civil Service Rules forbid same. TRADE UNION LAW - Trade union - Membership of trade union Junior or senior officers for purpose membership of trade union in the Civil Service - Meaning of. ISSUE: Whether the de-unionization of members of the Appellant on grade levels 07 to 13 by the Respondent was justified, and if justified whether it was done in bad or good faith. FACTS: The main issue in dispute between the parties was the de-unionization of the members of the Appellant union on grade levels 07 and above in the Respondent’s employment. Prior the de-unionization, employees of the Respondent on grade levels 7 to 13 were members of the Appellant. By the de-unionization, the Respondent sought to limit the membership of the union to employees on grade levels 01-06. The Appellant felt aggrieved at the de-unionization and declared a trade dispute, which was referred to the Industrial Arbitration Panel (IAP). The IAP found no fault with the classification and upheld the stand of the Respondent. Appellant was still dissatisfied, and appealed to the National Industrial Court. HELD: (Dismissing the appeal): 1. On Meaning of junior or senior officers for purpose of membership of trade union in the Civil Service - There is nothing in the Civil Service Rules, which prevents a worker from joining a union of his choice. Moreover, the first piece of legislation on trade unions after the trade union restructuring exercise in 1978, that is, Decree No.22 of 1978 did not define who are junior or senior officers by reference to remuneration or grade levels. However, by the general application in the Civil Service, employees on GL.01 to 06 are regarded as junior staff and those on G.L.07 and above are regarded as senior staff, and because of the voluntary nature of trade union membership, some officers on grade levels 07 to 13, which constitute middle management grades are in fact members of unions whose members are on grade levels 01 to 06. 2. On Freedom of employees to establish trade union and need form management not to serve as midwife thereof - The employees of a company, if they so desire, can establish a chapter of a union in the company. The management of the company should however not serve as the midwife of the association. 3. On Desirability of demarcation of trade unions and need for union members to join appropriate unions in accord with their status in the organization they belong - Though trade unions are creatures of law, there is good justification for the demarcation of unions into two, namely; workers’ unions and senior staff unions as listed in Parts “A” and “B” respectively of Schedule 3 of the Trade Unions (Miscellaneous Provisions) Decree No.17 of 1986. The demarcation is very desirable on grounds of public policy, and it is imperative for union members in exercising their right of free association entrenched in the 1979 Constitution of Nigeria to ensure that they join appropriate unions which accord with their status in the organization to which they belong. 4. On Whether management’s discretion to determine which members of staff projections of management is absolute - The management has the discretion to determine which members of staff projections of management. The exercise of that discretion by the management is not absolute as it can be challenged in court by an aggrieved party. 5. On Factors for determining projection of management in an organization - An officer who is a projection of management in any organization has to be determined on an individual basis in the light of his duties and responsibilities in the management structure of the organization, and cannot properly be determined within the broad spectrum of salary grade levels alone. The status, duties and responsibilities of the employee concerned and the possibility of conflict loyalties on the part of the employee either to the company or the union are important factors to be taken into account. 6. On Whether limitation of membership of a workers’ union by employer contravenes workers ‘constitutional right to free association - The action of an employer in limiting the membership of a workers’ union to employees on certain grade levels does not conflict with the right of free association enshrined in section 37 of the 1979 Constitution of Nigeria, since the modification is done in the interest of public order and the protection of the rights of other persons.