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NATIONALYOUTH SERVICE CORPS AND AMALGAMATED UNION OF PUBLIC CORPORATIONS, CIVIL SERVICE TECHNICALAND RECREATIONAL SERVICES EMPLOYEES (NATIONAL INDUSTRIAL COURT) HON. JUSTICE M.A. BORISADE - PRESIDENT AMBASSADOR M.S. SALEH - MEMBER CHIEFM.GDABIBI - MEMBER PROF. B.B. KANYIP - MEMBER MRS.V.N.OKOBI - MEMBER SUITNO: NIC/5/2001 DATE OFJUDGMENT - 19TH MARCH, 2002 LABOUR LAW Trade dispute - National Youth Service Corps Decree 51 of 1993 - Section 20 of – Whether applicable to trade disputes. LABOUR LAW Trade union - Unionization of employees -Employees of National Youth Service Corps -Eligibility of for unionization by Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees. LABOUR LAW Unionization of workers - Where a union shows that it made attempts to unionize workers but denied access by employer - Burden on employer to show that none of the workers is willing to join the union. TRADE UNIONS LAW Trade union - Unionization of employees -Employees of National Youth Service Corps -Eligibility of for unionization by Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees. ISSUE: Whether workers of the Appellant are eligible to join the Respondent union FACTS A trade dispute involving alleged refusal of the management of the Appellant to allow unionization and organization of potential members of the union in the service of the Appellant, was referred to the Industrial Arbitration Panel. The Panel 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 Eligibility of employees of the National Youth Service Corps for unionization The employees of the National Youth Service Corps (not Youth Corpers) are eligible to be members of the Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees, by virtue of the Trade Unions (Amendment) Decree, 1996 as amended by the Trade Unions (Amendment) Decree, 1999. Accordingly, the court ordered the Appellant to allow the Respondent access to its workers for the purpose of unionization. 2. On Whether section 20 of the National Youth Service Corps Decree 51 of 1993 is applicable to trade disputes - The provision in section 20 of the National Youth Service Corps Decree 51 of 1993 is not applicable to trade disputes. 3. On Burden on an employer to prove that employees are not willing to be unionized- Where a union shows that it made attempts to unionize employees of a company but was denied access to the workers, the burden of proof that none of the workers is willing to join the union shifts to the company. This is more so when the law permits any worker who does not want to belong to a union to opt out in writing.