The Federal Government has made a last-ditch effort to avert the indefinite nationwide strike called by the Nigeria Labour Congress, NLC, and the Trade Union Congress, TUC, for Monday, June 3, 2024.
With the failure of the intervention by t he National Assembly leadership, and with more unions vowing to join the strike, the Nigerian economy is set for yet another disruption.
The last-minute federal government’s effort to save the situation came as labour unions in the aviation sector rose from their emergency meeting, Sunday, and announced that they will join the action called by organized labour following their deadlocked negotiation with the Federal Government on a living national minimum wage for workers and the reversal of the recent increase in electricity tariff.
By this decision, the aviation unions, affiliated to the Trade Union Congress, TUC, are now poised to withdraw at the nation’s airports from midnight, Monday, June 3.
The aviation unions include: the National Union of Air Transport Employees, the Air Transport Services Senior Staff Association of Nigeria, the Association of Nigerian Aviation Professionals, and the National Association of Aircraft Pilots and Engineers.
However, and according to a report by ThisDay newspaper, the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, a Senior Advocate of Nigeria, SAN, has advised the organized labour to shelve the planned nationwide strike.
Fagbemi, according to the report, described the proposed action by the NLC and TUC as “premature”, advising the labour leaders return to the negotiation table with the federal, state governments and other employers of labour, to “avoid foisting avoidable hardships on the generality of Nigerians”.
In the letter, dated June 1, 2024, the AGF declared: “My attention has been drawn to statement made on May 31, 2024, by the leadership of the NLC and TUC declaring an indefinite nation-wide strike action from June 3, 2024.
“I wish to note that this latest declaration of strike action by organized labour is premature at a time when the Federal Government and other stakeholders involved in the Tripartite Committee on determination of a new national minimum wage had not declared an end to negotiation.”
Noting that the federal and state governments were not the only employers that would be bound by a new national minimum wage, Fagbemi urged the labour leaders to consider the interest and capacity of all employers of labour in the country, including the organized private sector, to pay.
Besides, Fagbemi also argued that the proposed action by organized labour contradicts Sections 41(1) and 42(1) of the Trade Disputes Act 2004 as amended, which mandate both NLC and TUC to issue strike notices of a minimum of 15 days. But the AGF noted that
“It is not in doubt that the fundamental importance of the 15-day notice is underscored by the fact that Sections 41 & 42(1) criminalize non-compliance with this requirement for a valid declaration of strike action,” the AGF argued.
He also noted that the proposed strike by labour violates the order of the National Industrial Court, NIC, as well as ongoing mediation efforts on all extant issues connected with the subject matter of the order.
The AGF also questioned the legality or legitimacy of the proposed strike, maintaining that both NLC and TUC failed to comply with the statutory condition precedent (dispute resolution procedures) provided for under Section 18(1)(a) of the Trade Disputes Act 2004 (as amended).
He, therefore, submitted that the proposed strike was in breach of relevant conditions itemized under Section 31(6) of the Trade Unions Act (as amended).
“I wish to further draw your attention to the fact that the conditions outlined by our national legislations for exercising the right to strike are in tandem with the International Labour Organization principles concerning the right to strike.
“It is the position of the ILO Committee on Freedom of Association that the obligation to give prior notice, obligation to have recourse to conciliation, mediation and (voluntary) arbitration procedures in industrial disputes, etc are prior prerequisites for declaring a strike.”
On their part, the aviation unions ordered strict compliance by all branches nationwide. Their joint statement was signed by Comrade Ocheme Aba, General Secretary, NUATE; Comrade Frances Akinjole, Deputy General Secretary, ATSSSAN; Comrade Abdul Rasaq Saidu, Secretary General, ANAP; and Comrade Olayinka Abioye, General Secretary, NAAPE.
“In compliance with the directive from the Nigeria Labour Congress and Trade Union Congress of Nigeria,” the statement read, “we hereby inform the general public, aviation service providers, airline operators, aviation businesses, and all aviation workers nationwide that starting from 0000hrs of June 3, 2024, all services at all Nigerian airports shall be fully withdrawn till further notice.
“Being not oblivious of the fact that many international flights to Nigeria are already airborne, the strike action will commence at international terminals on the 4th of June, 2024.
“All aviation workers should recognize the seriousness of this struggle and comply unfailingly. All Branch officers of our unions shall ensure full compliance at all airports.”
