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IN THE NATIONAL INDUSTRIAL COURT HOLDEN AT ABUJA BEFORE THEIR LORDSHIPS Hon. Justice B.A. Adejumo President Hon. Justice B.8. Kanyip Judge Hon. Justice M.B. Dadda Judge Date: 19th May, 2008 Suit No. NIC/4/2007 BETWEEN Non-Academic Staff Union of Education & Associated Institutions (NASU)……………………………………….Appellant AND Benue State Commissioner for Education …………………………….Respondent REPRESENTATION B.A. Ogunleye, Cor the Applicant. V. Y. Ayongur, for the Respondent. JUDGMENT This is a matter referred to this Court, pursuant to section 13 (1) of the Trade Disputes Act (TDA) Cap. 432 LFN 1990, by the Hon. Minister of Labour, Employment & Productivity through an instrument dated 11th January, 2007 and forwarded by a letter with reference No. ML.HE/881/CON/l/33 dated 30th January, 2007. Accompanying the referral instrument is the award of the Industrial Arbitration Panel (IAP) of July, 2007 in respect of the following issues: a) Examination Administrative Allowance of 20% of basic monthly salary b) Housing Allowance or 70% 0f basic salary c) Excess Work Load Allowance d) Hazard Allowance. The IAP award was objected to by the appellant Union, for which the Minister referred the matter to this Court. On 23rct May, 2007 when parties and their counsel appeared before this court, it was agreed that written brief of arguments be made and filed. The appellant filed its written brief on 281h June, 2007 which is dated 14th June, 2007 and attached thereto exhibits 1 U, 2U, 3U, 4U, 5U - 8U, 1M, 2M - 6M and IN. The respondent flied its memorandum of argument dated 13th July, 2007 on 27th September, 2007 and attached thereto exhibits "BNl" - "BN8". After joining issues, counsel to the parties adopted their written brief of the arguments and orally expatiated on some of the issues. The written brief arguments of the parties and the submissions made by counsel have been carefully considered along with the award of the IAP. From all of this, the parties have narrowed their contest to only one issue, which is the interpretation and application of clause 1.1 contained in the collective agreement executed between the appellant and the respondent (Exhibit 2U). The said clause in dispute in the agreement reads: That Examination Administration Allowance of20% of Basic Salary be paid across the Board. Regarding this clause, the IAP award is to this effect: The second party has been paying the above allowance to those staff that are eligible. The first party is of the opinion that this allowance should be paid to all the staff or the Tertiary Institutions owned by the second party. The finding 0f the Tribunal is that such allowances are paid to only those that are eligible. The argument of the appellant is that by virtue of the terms of the collective agreement reached, all members of the appellant working in the Tertiary Institutions owned by the Respondent are entitled to the Examination Administration Allowance of 20% of Basic Salary "across the board". To the appellant the respondent is estopped by the content of the agreement from introducing any extraneous matter or clause into it. The appellant continued that the IAP erred to have gone behind the parties to look for evidence as to what obtains in other States of the Federation in order to justify their award moreso when they did not allow the parties to cross-examine the source of their information. The appellant then urged the court to review and reverse the IAP award and decide the matter in its favour. To the respondent, from the IAP award, it appears from the evidence before theme the issue of payment of examination administration allowance was not conclusive. The respondent then submitted that looking at the established fact that the members of the appellant are being paid this allowance monthly based on the computation submitted from the various tertiary institutions in Benne State, the IAP was right to have refused to grant the award on that head. That this is particularly so because the appellant could not substantiate on those who are not being paid the said allowance. The respondent went on to urge that the court should note that the Government of Benne State is still paying the allowance and that the onus is on the appellant to substantiate on who has been paid and who has not been paid the said allowance. The respondent concluded by urging the court to rule in its favour. The appellant did not react on points of law. As pointed out earlier the sole issue for determination is the interpretation and application of the clause 'That Examination Administration Allowance of 20% of Basic Salary be paid across the Board'; and even at this, the problem is as to what to make of the phrase "across the board". The Black's Law Dictionary, Eighth Edition defines the phrase "across the board" as 'applying to all classes, categories, or groups.' By this definition, ALL the members of the signatory unions to the collective agreement are entitled to be paid the examination administration allowance. The TAP was wrong to have introduced the qualification they did in their award. The IAP was equally wrong to have gone outside of the collective agreement in order to determine the import of clause 1.1. The argument of the respondent that it is for the appellant to substantiate on those of its members who are not being paid the said allowance goes to no issue. The respondent pays members of the; appellant salaries on a monthly basis without imposing any requirement as to the appellant substantiating on who gets paid and who does not. So, it cannot be on the issue of examination administration allowance that the respondent will introduce that requirement. The collective agreement is very clear that the said allowance is to be paid across the board. This means that all the members of the signatory unions to the collective agreement are entitled to be paid the examination administration allowance. This will be the judgment of this court; and we so hold. Judgment is accordingly entered. ………………………… Hon. Justice B.A. Adejumo President ……………………….. …………………………………. Hon. Justice B.B. Kanyip Hon. Justice M.B. Dadda Judge Judge