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MEDICAL & HEALTH WORKERS UNION OF NIGERIA AND NATIONAL UNION OF LOCAL GOVT. EMPLOYEES (NATIONAL INDUSTRIAL COURT) HON. JUSTICE M.A. BORISADE - PRESIDENT AMBASSADOR M.S. SALEH - MEMBER CHIEF M.G DABIBI - MEMBER PROF. B.B. KANYIP - MEMBER MRS. V.N. OKOBI - MEMBER SUIT NO: NIC/19/95 DATE OF JUDGMENT - 6TH JUNE, 2001 LABOUR LAW Trade union - Unionization of medical and paramedical workers of Local Government Service - Jurisdiction of the Medical and Health Workers Union of Nigeria to unionize - Scope of – Third Schedule (Part B) to the Trade Unions (Amendment) Decree No.4 of 1996 (as amended by the Trade Unions (Amendment No.2) Decree No. 1 of 1999. TRADE UNION LAW Unionization of workers - Medical and paramedical workers of Local Government Service – Jurisdiction of the Medical and Health Workers Union of Nigeria to unionize - Scope of- Third Schedule (Part B) to the Trade Unions (Amendment) Decree No.4 of 1996 as amended by the Trade Unions (Amendment No.2) Decree No. 1 of 1999. ISSUE Which of the two unions - National Union of Local Government Employees or Medical and Health Workers Union of Nigeria - should unionize certain categories of medical and health workers in the employment of Local Government Councils in Nigeria? FACTS A trade dispute arose between the two unions which are Appellant and Respondent, as to their jurisdictional scope over certain categories of medical and health workers of Local Government Service. The dispute was referred to the Industrial Arbitration Panel, which duly made its award in favour of the Respondent. The Appellants dissatisfied with the award of the Panel, appealed to the National Industrial Court. HELD (Allowing the appeal): On Jurisdictional scope of the Medical and Health Workers Union of Nigeria to unionize medical and para-medical workers in Local Government Service - The law governing the restructuring of industrial unions is now the Trade Unions (Amendment) Decree No.4 of 1996 as amended by the Trade Unions (Amendment No.2) Decree No. I of 1999. In the Third Schedule (Part B) to Decree No.4 of 1996, which defines the jurisdictional scope of each of the twenty-nine (29) recognized and registered industrial unions, it is expressly stated that the Medical and Health Workers Union of Nigeria shall have jurisdiction to unionize all workers and those classified as para-medical engaged in, inter alia, Local Government health institutions, covering the following paramedical staff only: Nurses, Pharmacists, Radiographers, Laboratory Technologists, Physiotherapists, Optometrists, Dental Technologists, Optometricians, Hygienist, Limb Makers, Instrument Engineers (or Curators of Instruments), Blood Donor Organizers, Catering Officers’ (Medical), Leprosy Control Officers and Inspectors, Dispensing Assistants, Nutritionists, Medical Illustrators, Midwives, Medical Entomologists, Medical Social Workers, etc. Thus, the Appellant union is entitled to unionize all medical para-medical workers in the Local Government Service except those expressly excluded in the above Schedule.