The Senior Staff Association of Statutory Corporations and government-owned companies (SSASCGOC) has kicked against the alleged unlawful practices being perpetrated by the Nigeria Labour Congress (NLC) over matters involving its affiliates, particularly in the issue of payment of check-off dues by Industrial Trust Fund (ITF) workers to AUPCTRE.
SSASCGOC accused the NLC of violating court decisions on the matter between ITF and AUPCTRE by insisting on the workers of the Fund paying check-off dues to its affiliate body in violation of a judgment of the Court of Appeal.
SSASCGOC Acting General Secretary,
Akin Okudero, fnipr, made the position of the Association known in a statement.
According to the statement, “The Senior Staff Association of Statutory Corporations and government-owned companies (SSASCGOC) views with grave concern the disturbing, incessant and unlawful labour practices being promoted by the Nigerian Labour Congress on behalf of its affiliate unions and in this instance, the current issue in the Industrial Training Fund (ITF) by AUPCTRE.
“Our member organisation ITF, in compliance with the Court of Appeal Judgement of 2023 which finally and in accordance with the jurisdictional scope of SSASCGOC and AUPCTRE decided to be neutral in not coercing any level 7 officer to join SSASCGOC but restrained itself from flouting the court order by remitting check-off dues to non of the two unions.
“It is a trite law that SSASCGOC operations are legally based on its registration as an Association under the Trade Union Act of Nigeria.
“The Trade Union Act CAP T.14 of 2004 Third Schedule PART B Section 34 (3) aptly prescribes AUPCTRE’s scope while, PART C of the Act spells out SSASCGOC’s scope, together with the Association’s Constitution and Bye-Law, which defines the workers the two unions can organise.
“By several Court judgements, SSASCGOC ‘Ipso facto’ is affirmed by the National Industrial Court as the appropriate Union for senior staff in statutory corporations and government-owned companies in Nigeria.
“Thus, in the National Industrial Court 2019, 2020 and Court of Appeal July 2023 affirmed that SSASCGOC exclusively represents officers on grade level 07 and above, while AUPCTRE is limited to junior staff on level 06 and below in any statutory corporations and government-owned companies in Nigeria.
“The ITF management should be commended for being responsible and law-abiding corporate citizens.
“We condemn the antics of the AUPCTRE in lobbying the Federal Ministry of Industry, Trade and Investment to intervene in a matter which is the exclusive duty of the Federal Ministry of Labour and Employment. The Federal Ministry of Industry,Trade and Investment is not the appropriate authority to interfere in this case neither could any Ministry or Department review court rulings/judgments.
“It is pertinent to state that the Federal Ministry of Labour and Employment had expressed the position of the law to AUPCTRE, though unsatisfied, the court of law had subsequently vindicated the stance of the Federal Ministry of Labour and Employment.
“The July 2023 Court of Appeal Judgement provides a clear separation of the unions’ jurisdictions which is an affirmation of the lower court ruling.
“What is sacrosanct is that level 07 officers and above can not be members of AUPCTRE. Hence, the claim to own deductions from the officers from the Industrial Training Fund is untenable and unsustainable in law. Not even in any member organisations of SSASCGOC.
“We are aware that the Industrial Training Fund has consistently remitted to AUPCTRE the check-off dues of their legitimate members who are officers on level 6 and below.
“Section 40 of the Constitution of the Federal Republic of Nigeria which the leadership of NLC/AUPCTRE is quoting is not absolute but a qualified right. This same argument was presented before the courts and due diligence was done by the court to affirm that the position is not absolute.
“The right of freedom of association and other rights guaranteed under sections 34 and 38 of 1979 are qualified and not absolute rights. In Nigeria, workers are not free to join any union that catches their fancy but Unions designated to operate within their space.
“We expect a labour centre like NLC, and its affiliates to be better educated on this legal position.
“We demand that the Nigerian Labour Congress should operate within the ambit of the Nigerian Constitution and not be stampeded by any of its affiliates to cause disharmony between the two Labour centres (NLC AND TUC).
“Experience from their picketing activities as were in the cases of NLC/NUPTE and SSASCGOC Labour action in NIPOST, and NLC/AUPCTRE in Standard Organisation of Nigeria (SON) should serve as a restraint in pursuing fruitless Labour activities capable of sabotaging the economy of the nation and Labour hours.
“We urge the Federal Ministry of Labour and Employment to admonish the NLC to stop threatening our member organisations, particularly on a rested case on who can unionise grade level 7 officers in statutory corporations and government-owned companies in Nigeria.
“We trust that this issue will be laid to rest.”
Akin Okudero, fnipr.
Acting General Secretary.
