Membership tears Industrial workers’ union apart

Emeka Ibemere, reports that Steel and Engineering Workers and National Union of Shop and Distributive Employees are at daggers drawn over membership.

Despite the intervention of the National Industrial Court (NIC), and Industrial Arbitration Panel (AIP), to settle scores in an eight year- old -cold- war between Steel and Engineering Workers Union of Nigeria (SEWUN), and National Union of Shop and Distributive Employees (NUSDE), the war drum -beat is still ranging. And it seems to have no end.

The bone of contention is the freedom of the workers to join the union of their choice.

Since 2005, Steel and Engineering Workers Union of Nigeria (SEWUN) and National Union of Shop and Distributive Employees (NUSDE) have been fighting over workers allegiance to either SEWUN or NUSDE; a situation which has engulfed both organizations.

The crisis has shabbily engulfed SEWUM since 2003. Problem seems to have started for SEWUN when Workers in several companies whose interest was undermined by the leadership of SEWUN voluntarily withdrew their membership of the union and joined NUSDE. Nexan Kabelmetal was one of the organizations her workers left SEWUN in protest for the failure of the Union to protect their interest.

In a Press release made available to Daily Newswatch and signed by Chinedu Bosah,

Publicity Secretary of Campaign for Democratic and Workers’ Rights (CDWR),  CDWR stated that When workers of these companies were dissatisfied with the way and manner SEWUM leadership was running the union  left the union and attempted to join NUSDE, the management of these companies and SEWUM leadership connived to frustrate the effort.

“Only workers of Nexan Kabelmetal successfully joined NUSDE while others were either forced to remain in SEWUM or without any union after series of victimization and sack by the management. The companies where workers resolved to resign their membership of SEWUM are; Nexam Kabelmetal Nig. Plc, Universal Steel Ltd, Enamelware Division of Universal Steel Ltd, Galvanising Industry Ltd, Crittal-Hope Nig. Ltd and Nigerchine- a Division of WAHUM Ltd”. Bosah stated.

“Workers in some of the above mentioned companies accused the leadership of SEWUM of corruption, collecting Check off Dues in advance from management, conniving with management to victimize workers including entrenching casualisation in these companies, frustrating and undermining workers interests”.     

Daily Newswatch gathered that SEWUM leadership took the matter to Industrial Arbitration Panel (AIP), accusing NUSDE of poaching her members.

In its ruling, AIP held that despite the alleged resignation and withdrawal of the affected workers from SEWUM, that NUSDE poached members from SEWUM and that they affected workers should be treated as ex-members of SEWUM.

The AIP held that it was illegal for workers to join NUSDE because it is contrary to the jurisdictional scope prescribed under the existing Trade Union Law.

Not satisfied with the ruling of AIP, NUSDE subsequently appealed to National Industrial Court (NIC). Again, NIC ruled in favour of SEWUM. According to the crux of NIC’s ruling was that Nigeria workers’ freedom to decide which union to belong to; is limited to only joining the unions empowered to operate within a clearly defined jurisdictional scope. Hence, both ruling are the same.

“Section 40 of the 1999 Constitution as amended states thus: “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interest”. Bosah stated.

 According to Bosah, every law derives its legality from the 1999 constitution and any law that is inconsistent with the constitution is illegal.

CDWR queried the ruling of NIC and said it was anti-workers interest. “NIC also held that a ‘worker for the protection of his interest’ as guaranteed in the constitution does not have an unrestrained freedom to join any trade union as a person proposing to join a trade union must show how the union he or she is joining protects its interest. It went ahead to ask what interest do workers have in NUSDE”? The Group asked.  

CDWR said the freedom of workers to resign from a union and join another cannot be restrained by their “interest”. According to the group, the willingness to join another union is in itself an interest that must not be queried. The group disclosed that the way and manner a union is run by its leaders was enough reason for a worker to resign and to join another union if he so wishes.

“The right and freedom of workers to join another union must be respected. In fact, workers who left SEWUM to NUSDE have the freedom to leave NUSDE in the future for another union if they wish”!          

Rejecting the ruling of both AIC and AIP, CDWR strongly holds that the right of Nigeria workers to freely join a trade union and democratically run a union is being undermined by these rulings. They added that employees have numerous organisations to freely join, some of which are Chamber of Commerce, Clubs, Associations and no where are they restricted to join based on occupational and jurisdictional scope.

“Virtually all industries and occupations have one union registered for junior staff while another for senior staff. If we are to go along the line of occupation or jurisdictional scope as being defined by the ruling class, then workers do not have a choice to make. Hence, workers are cocooned in one union and when the union leadership is undermining workers interests, they have no choice other than to remain in that union or leave. When the constitution states that workers like every Nigerian are free to belong to any trade union, it presupposes that workers are free to choose amongst existing options. Indeed, the Trade Unions (Amendment) Act 2005 stresses this point clearly. Notwithstanding anything to the contrary in this Act, membership of trade union by employee shall not be forced to join any trade union or be victimized for refusing to join or remain a member”

The group observed that the ruling class was using laws to undermine workers rights. According to the group, the Federal Ministry of Labour and Productivity in connivance with employers of labour have consciously attacked workers who resolved to leave SEWUM.

It was further revealed that some workers in Crittal-Hope Nigeria Plc, Nigerchin and Galvanizing Industry Limited who left SEWUM have been locked out since 2006 without employment and remuneration.

“Nigerian workers must understand that their freedom does not automatically lie in the statute books or within the ambit of the ruling class. This is because, the ruling class, including politicians currently in power only serves the interest of employers as against workers. It explains why CDWR is part of the process of registering a political party known as Socialist Party of Nigeria (SPN), a party that stands for the interest of workers, youths and the poor”, CDWR explains.

The group called on Nigerian workers to join SPN as the party offers Nigerian workers the opportunity to change Nigeria and to defend working people’s right and political interest.

According to them, it is the only political party that can liberate the working class and guarantee their economic rights. 

CDWR disclosed that freedom only lies within the purview of workers who must continue to struggle politically to free themselves from the shackles of slavery.

“This also includes struggle to liberate unionism from the strangulation of a few careerists and labour bureaucrats who run union for their self-serving interest and that of employers. Hence, workers must engage self-serving labour leaders anywhere they exist in a sustained struggle as a means of repositioning the unions as a responsive and fighting union that will not only struggle for economic rights but as well as political freedom”. The publicity secretary said.

The group called on the Workers who have joined NUSDE not to be troubled by the ruling of AIP and NIC and should continue the struggle until victory is achieved.

“CDWR call on other workers from other unions to join struggling NUSDE workers in solidarity actions aimed at securing victory for the inalienable rights of freedom of association. Campaign for Democratic and Workers’ Rights (CDWR) states categorically that workers everywhere has the democratic right to decide which union they want to belong to and how the union should be run”. The group affirmed.