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NATIONAL UNION OF HOTELS AND PERSONAL SERVICES WORKERS AND NATIONAL UNION OF PETROLEUM AND NATURAL GAS WORKERS (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT B.N. OBUA, ESQ. - MEMBER AMBASSADOR M.S. SALEH - MEMBER SUIT NO: NIC/9M/94 DATE OF RULING - 27TH MARCH, 1997 LABOUR LAW Terms of employment - What constitutes – Check off dues - Whether a term of employment – Section 16A and 16A (a) & (b) of the Trade Unions (Amendment) Decree No.4 of 1996. LABOUR LAW Trade dispute - Inter-union disputes -Commencement of - Mandatory steps stated in sections 3 to 8 and 13 of the Trade Disputes Act -Whether applicable to inter-union disputes. LABOUR LAW Trade dispute - Intra-union and inter-union disputes - Appellate jurisdiction of National Industrial Court thereon - Source of. LABOUR LAW Trade dispute - Meaning of. TRADE DISPUTE “Trade dispute”- Meaning of. TRADE DISPUTE Inter-union disputes - Commencement of – Mandatory steps stated in sections 3-8 and 13 of the Trade Disputes Act - Whether applicable to inter-union disputes. TRADE DISPUTE Intra-union and inter-union disputes – Appellate jurisdiction of National Industrial Court thereon -Source of. ISSUES: Whether the National Industrial Court has jurisdiction to entertain this suit FACTS: The Applicant, by a motion on notice, sought a declaration of the National Industrial Court that it is the only competent trade union to organize or unionize and represent workers in companies contracted to render catering services to oil companies either in the oil field or high sea or elsewhere in Nigeria, and a mandatory injunction against the Respondent. In response, the Respondent contended that the conditions precedents for bringing action before the National Industrial Court were not met in the case. HELD: (Striking out the suit): 1. On Meaning of “trade dispute”- Trade dispute means any dispute between employers and workers, or between workers and workers, which is connected with the employment or non- employment, or the terms of employment and physical conditions of work of any person. From the definition of a trade dispute, it is clear that the present inter-union dispute is a dispute between workers and workers, which involve the term of employment of the workers. The relevant term of employment is the automatic check-off dues made obligatory for a worker in a particular industry or trade by section 16A (a) and (b) of the Trade Unions (Amendment) Decree No.4 of 1996. 2. On whether check-off dues is a term of employment of a worker- Section 1 6A and section 1 6A(a) and (b) of the Trade Unions (Amendment) Decree No.4 of 1996 makes the institution of check-off dues a term of employment of a worker. 3. On Application of mandatory steps stated in sections 3-8 and 13 of the Trade Disputes Act to inter-union disputes - Sections 3-8 and 13 of the Trade Disputes Act are applicable to an inter-union dispute between workers and workers, which involves the term of employment of the workers. The above sections have not been amended or repealed by a later legislation. In the instant case, therefore, the dispute must go through the obligatory steps stated in sections 3-8 and 13 of the Trade Disputes Act. 4. On Appellate jurisdiction of the National Industrial Court over intra-union and inter-union trade disputes - By section 24 of the Trade Disputes Act, a right of appeal shall lie to the National Industrial Court from the awards of the Industrial Arbitration Panel which shall be exercisable in the case of intra-union disputes arising from the organization and running of a trade union as laid down in the union constitution or inter-union trade disputes arising from the restructuring of trade unions established under the Trade Unions Act.