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NIGERIACIVIL SERVICE UNION AND ASSOCIATION OF SENIOR CIVIL SERVANTS OF NIGERIA (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT M.A. BORISADE, ESQ. MEMBER E.O. OLOWU, ESQ. MEMBER SUIT NO: NIC/5/93 DATE OF JUDGMENT 27TH JUNE, 1995 CIVIL SERVICE Senior staff in the civil service – How categorized. CIVIL SERVICE Trade union - Association of Senior Civil Servants of Nigeria - Area of jurisdiction of- Whether entitled to unionize civil servants on grade levels 07 and above. CIVIL SERVICE Trade union - Nigeria Civil Service Union - Area of jurisdiction of - Categories of workers excluded. CIVIL SERVICE Worker - Meaning of in Civil Service categorization. LABOUR LAW Trade dispute - Conflict on membership of unions - Whether does not constitute trade dispute - Exclusive jurisdiction of National Industrial Court to settle same. LABOUR LAW Trade union - Association of Senior Civil Servants of Nigeria - Area of jurisdiction of- Whether entitled to unionize civil servants on grade level 07 and above. LABOUR LAW Trade union - Jurisdiction and eligibility of- Membership of - Basis of. LABOUR LAW Trade union - Membership of - Right of worker to join a trade union - Whether without any limitation. LABOUR LAW Trade union - Nigeria Civil Service Union - Area of jurisdiction of - Categories of workers excluded. LABOUR LAW Senior staff in the civil service - How Categorized. LABOUR LAW Worker - Meaning of in Civil Service categorization. TRADE UNION LAW Membership of unions - Conflict in -Whether does not constitute trade dispute -Exclusive jurisdiction of National Industrial Court to settle same. TRADE UNION LAW Trade union - Association of Senior Civil Servants of Nigeria - Area of jurisdiction of Whether entitled to unionize civil servants on grade levels 07 and above. TRADE UNION LAW Trade union - Jurisdiction and eligibility of- Membership of - Basis of. TRADE UNION LAW Trade union - Membership of - Right of worker to join a trade union - Whether without any limitation - Sections 34 and 38 of the 1979 Constitution. TRADE UNION LAW Trade union - Nigeria Civil Service Union - Area of jurisdiction of - Categories of workers excluded. WORDSAND PHRASES - Worker - Meaning of in Civil Service categorization. ISSUES: 1. Which categories of workers should belong to the Nigeria Civil Service Union and the Association of Senior Civil Servants of Nigeria? 2. Whether a worker by virtue of the constitutionally guaranteed freedom of association is entitled to join any union of his choice without any limitation whatsoever. FACTS: An inter-union dispute arose between the Appellant and Respondent respectively, as to which of the two unions was entitled to unionize civil servants on Grade Level 07 and above, including those of them in the Personnel Assistant Cadre (formerly Executive Officer Cadre), except those who were typists/stenographers, nurses and midwives, pharmacists and medical technologists. The dispute was referred to the Industrial Arbitration Panel, which made its award in favour of the Respondent. The Appellant union was dissatisfied and appealed to the National Industrial Court. HELD: (Dismissing the appeal). 1. On Whether conflict as to membership of unions constitutes a trade dispute on which National Industrial Court has jurisdiction - The issue of which categorization of workers should belong to the Nigeria Civil Service Union and the Association of Senior Civil Servants of Nigeria is a trade dispute arising from inter-union membership conflict, the settlement of which the National Industrial Court, under the provisions of Decree No.47 of 1992, enjoys exclusive jurisdiction. 2. On Whether a worker is entitled to join any trade union of his choice without any limitation - The 1979 Nigerian Constitution guarantees freedom of association. However, the right to freedom of association and other rights guaranteed under sections 34 and 38 of the 1979 Constitution are qualified and not absolute rights. Thus, the right to associate with other persons to form a trade union must be within the limits set by the Trade Unions Act, Cap.437, Laws of the Federation of Nigeria, 1990. It is unacceptable that a worker by virtue of the guaranteed freedom of association is entitled to join any union of his choice without any limitation whatsoever. The freedom of association of each worker is therefore limited to their respective union or association as the case may be. In the Nigerian situation, a worker is not free to join any union that catches his fancy. 3. On Meaning of “worker” in the civil service categorization - “Worker” is a generic term for all who work at any level. This definition of worker is not of much help in the instant case because the basic division of unions is on the basis of junior and senior staff, hence the classifications of unions in the Third Schedule to the Trade Unions Act, Cap. 437, Laws of the Federation of Nigeria, 1990 into Parts “A” and “B”, as Part “A” workers unions and Part “B” Senior Staff Associations. There may be exceptions where there may be no senior staff association like the case of the National Union of Nurses and Midwives of Nigeria; but generally in accordance with the spirit of the 1978 Trade Unions restructuring exercise, workers unions are for junior employees or junior staff who in the civil service categorization are on grade levels 01 to 06. 4. On Basis of jurisdiction and eligibility of membership of trade unions - The basis for the jurisdiction and eligibility of membership of each union is as contained in the Restructuring of Trade Unions, Legal Notice No.92 Official Gazette of the Federal Republic of Nigeria No.6 of 8th February, 1978. 5. On Categorization of senior staff in the civil service - Although there is no definition of senior staff in the Trade Unions Act, Cap.437, the body of circulars, civil service rules and regulations which ensure the smooth day. to-day administration of the civil service has clearly identified that grade levels 07 and above are senior grades. 6. On Area of jurisdiction of Association of Senior Civil Servants of Nigeria - The Association of Senior Civil Servants of Nigeria is entitled to unionize civil servants on grade levels 07 and above, including those of them in the Personnel Assistant Cadre (formerly Executive Officer Cadre), except those who are typists/stenographers, nurses and midwives, pharmacists and medical technologists. 7. On Area of Jurisdiction of Nigeria Civil Service Union - The Nigeria Civil Service Union is entitled to unionize civil servants on grade levels 01-06 excluding customs, immigration, technical, typists and stenographic staff.