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NATIONAL YOUTH SERVICE CORPS AND ASSOCIATION OF SENIOR CIVIL SERVANTS 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/6/2001 DATE OF JUDGMENT - 25TH OCTOBER, 2001. LABOUR LAW Trade union - Recognition and registration of - Whether Association of Senior Civil Servants of Nigeria is a recognized and registered trade union. LABOUR LAW Trade union - Unionization of employees -Employees of National Youth Service Corps - Whether eligible to be unionized. LABOUR LAW Trade union - Unionization of employees - Association of Senior Civil Servants of Nigeria - Whether entitled to unionize senior staff of the National Youth Service Corps. TRADE UNION LAW Trade union - Recognition and registration of-Whether Association of Senior Civil Servants of Nigeria is a recognized and registered trade union. TRADE UNION LAW Unionization of employees - Employees of National Youth Service Corps - Whether eligible to be unionized. TRADE UNION LAW Unionization of employees – Whether Association of Senior Civil Servants of Nigeria is entitled to unionize senior staff of the National Youth Service Corps. ISSUES 1. Whether the Respondent is a recognized and registered trade union under the Trade Unions Act. 2. Whether the workers of the Appellant are employees of the Federal Government. 3. Whether the employees of the Appellant are included in the categories of employees prohibited by law from being members of a trade union. 4. Whether there is any other registered trade union entitled to unionize the senior staff (i.e. GL.07 above) of the Appellant. FACTS The trade dispute between the parties arose as a result of the attempt by the Respondent to unionize the senior staff of the Appellant. The Appellant declined the unionization of its employees. The Respondent took the matter to the Industrial Arbitration Panel, which duly made its award. The Appellant was dissatisfied with the Panel award and appealed to the National Industrial Court Held: (Dismissing the appeal): 1. On Whether Association of Senior Civil Servants of Nigeria is a recognized and registered trade union - The Association of Senior Civil Servants of Nigeria is a recognized and registered trade union listed as No.5 amongst the recognized and registered trade unions in Part C, Third Schedule to the Trade Unions Act, Cap. 437, Laws of the Federation of Nigeria, 1990. 2. On Whether the Association of Senior Civil Servants of Nigeria is entitled to unionize senior staff of National Youth Service Corps - The Association of Senior Civil Servants of Nigeria is entitled to unionize Federal Government Employees on salary GL.07 and above, except those specifically excluded by the enabling law. Thus, the staff of the National Youth Service Corps being employees of the Federal Government of Nigeria, the Respondent is entitled to unionize them. 3 On Whether employees of the National Youth Service Corps are eligible to be unionized- The employees of the National Youth Service Corps are not included in the categories of workers prohibited from belonging to any trade union as stated in section 11 of the Trade Unions Act, Cap. 437, Laws of the Federation of Nigeria, 1990.