Download PDF
AMALGAMATED UNION OF PUBLIC CORPORATIONS, CIVIL SERVICE TECHNICAL AND RECREATIONAL SERVICES EMPLOYEES AND AGRICULTURALAND ALLIED WORKERS UNION OF NIGERIA (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/17/95 DATE OF JUDGMENT WEDNESDAY, 25TH JULY, 2001 LABOUR LAW Trade dispute - Poaching - When it occurs in trade union parlance. LABOUR LAW Trade union - Unionization of employees - Junior employees in the Federal and State Ministries of Agriculture - Which union has jurisdiction to unionize. TRADE UNION LAW Poaching - When it occurs in trade union parlance. TRADE UNION LAW Unionization of employees - Junior employees in the Federal and State Ministries of Agriculture - Which union has jurisdiction to unionize. ISSUE Which of the two unions as between the Appellant and the Respondent has jurisdiction to unionize all the junior agricultural workers in the Federal and States Ministries of Agriculture? FACTS An inter-union dispute between the parties was referred to the Industrial Arbitration Panel. The issue in dispute was the poaching of the Respondent’s members in the Ministries of Agriculture, that is, agricultural workers. Upon conclusion of the arbitration, the Panel duly made its award in favour of the Respondent. The Appellant was dissatisfied with the Panel’s award and appealed to the National Industrial Court. Held: (Allowing the appeal in part,): 1. On When “Poaching” occurs in trade union parlance - The term “poaching” in trade union parlance occurs when one trade union tries to unionize workers who, according to existing law, belong to another trade union. 2. On Which of the two unions as between the Appellant and the Respondent has the jurisdiction to unionize junior employees in the Federal and States Ministries of Agriculture - The provisions of Government Notice No.92 published in the Federal Republic of Nigeria Official Gazette No.6, Vol.65 of 8tl February, 1978 conferred jurisdiction on the Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees (AUPCTRE), the Appellant, to unionize all junior staff employed in the civil services of the Federal and State Ministries of Agriculture and virtually restricted the Agricultural and Allied Workers Union of Nigeria (AAWUN), the Respondent, to agricultural employees in the private sector. The position of the law, however, changed in 1993 with the promulgation of Government Notice No.44 published in the Federal Republic of Nigeria Official Gazette No.24, Vol.80 of 31St August, 1993 which conferred jurisdictional scope on the AAWUN in respect of employees @ublic sector inclusive) in: plantations; agricultural and livestock production; agricultural services including animal husbandry; fishing and horticulture; veterinary services; pest control; irrigation services (River Basin Services); Forestry, Logging and game reserves; Research Institutes that are agriculturally oriented but not attached to Universities or other higher institutions. While Item No.2 of the same Legal Notice restricted the jurisdiction of the AUPCTRE to junior employees in the civil service classified as technical e.g. stores, data processing, etc. The said Legal Notice No.24 of 1993 should be read with the Trade Unions (Amendment) Decree No.1 of 1999. The jurisdiction of AAWUN covers both the private and public sectors. Item No.2 states the area of jurisdiction of the AUPCTRE as all junior staff employed in the Federal and State Corporations; Civil Service Employees classified as technical.