Posted by Lateef Lawal
The United Labour Congress(ULC) has called on the Minister of Labour for clarification on the status of the Nigerian Labour Congress(NLC).
According to the President of ULC, Joe Ajaero in a memo dated 10th October,2017 to the Minister, it is an abberation for NLC to continue to operate as a federating labour center without being duely registered by the Registeral of Trade Unions in the Ministry of Labour.
The memo specifically noted:
"ULC in line with the provisions of the Freedom of Information Act (FOI) makes the following request from your Ministry:
1.That your Ministry provides us with the Registration number of the Nigeria Labour Congress (NLC).
2.That your Ministry provides us the Law under which the Registration was accorded the NLC
3.That the Ministry also provides for us duplicates of the consent forms duly signed by the federating unions as the basis for such registration as voluntarism remains the basis for membership of unions both at Industry level and at level of Federations."
The full text of the memo is reproduced below:
10th of October, 2017
The Honourable Minister,
Federal Ministry of Labour and Productivity,
Federal Secretariat Complex,
Abuja – FCT.
Dear Sir,
THE STATUS OF THE NIGERIA LABOUR CONGRESS (NLC): NEED FOR CLARIFICATION
In view of evolving issues within the nation’s Industrial Relations space, it has become urgent that we seek from your Ministry, clarification on the status of the Nigeria Labour Congress (NLC). This has become crucial given the seeming confusion which surrounds its status thus operations within the context of its history both practical and statutory. We wish to state as follows:
1.that the ULC, LUF, NTUC and NWC were four prominent Labour Centres that were in existence and which were forcefully merged by fiat to give room for the emergence of the NLC by decree in 1978 as the sole CENTRAL LABOUR ORGANISATION in Nigeria.
2.that before this involuntary merger, the United Labour Congress of Nigeria (ULC) was the only Trade Union Centre then recognised by the federal Government.
3.that the Senior Staff Associations were not legally allowed to form a Labour Centre of their choice under this Law thus forcing them to form an amorphous body then known as Federation of Senior Staff Associations of Nigeria (FESSAN) which later became SESCAN and then the present TUC.
.
4.that in 2004, the 1978 Act was amended creating room for plurality or multiplicity of Labour Centres in the Country.
5.that this amendment in Section 30 amongst others, created room for the formation of FEDERATION OF TRADE UNIONS in Nigeria.
6.that the provision for the creation of Federation of Trade Unions abolished the right of the NLC as the sole Labour Centre in Nigeria.
7.that the provision for the creation of a Federation of Trade Unions extinguished the NLC as the sole Trade Union Centre. In the case of Nigerian Nurses Association & Anor vs. AG of Federation & Ors, (1981) 1 FNR 55, the Nigerian Nurses Association had applied, apparently for the re-registration of their Union following the regrouping of Trade unions under the new 1978 Trade Union Act as amended. The Registrar of Trade Unions refused their application. On appeal, the Supreme Court confirmed the decision that the formation of the National Association of Nigerian Nurses and Midwives by the Trade Union Amendment Act 1978 extinguished the Nigerian Nurses Association.
8.that By analogy, the creation of the Federation of Trade Unions under the Trade Union Act, Laws of the Federation 2004, extinguished or abolished the NLC as the Sole Labour Centre in Nigeria.
9.that if the NLC was never registered as a Federation of Trade Unions after the coming into force of the Trade Union Amendment Act 2004 then, the NLC has always existed as an illegal organisation or now exists as an illegal federation of Trade Unions.
10.that NLC therefore needed to be re-registered as a Federation of Trade Unions to be able to operate within the new statutes.
11.that you should remember that the TUC which was then (NTUC) and which was part of the original four Labour Centres that were forcefully subsumed under the present NLC sought re-registration and was accorded registration certificate 001.
12.that this singularly shows that the NLC was never registered or re-registered as an organisation of Trade Unions or Federation of Trade Unions thereafter.
13.that It is on record that since after the registration of the TUC, no other Union has been registered as a Federation of Trade Unions in Nigeria.
14.that it is also important that we recall the Ruling of Honourable Justice Roseline Ukeje on this matter which held that the NLC was not a body known to the Law within the context of the 2004 Trade Union Amendment Act. That is the only known and standing judgment concerning the legal status of the NLC and this has not been challenged.
ULC in line with the provisions of the Freedom of Information Act (FOI) makes the following request from your Ministry:
1.That your Ministry provides us with the Registration number of the Nigeria Labour Congress (NLC).
2.That your Ministry provides us the Law under which the Registration was accorded the NLC
3.That the Ministry also provides for us duplicates of the consent forms duly signed by the federating unions as the basis for such registration as voluntarism remains the basis for membership of unions both at Industry level and at level of Federations
This is to lay to rest the various arguments and counter arguments currently renting the air over the status of the NLC.
We want to state finally that if the Nigeria Labour Congress (NLC) whose existence has been abrogated by the 2004 Trade Union Amendment Act is still being assumed to be legally registered then the United Labour Congress of Nigeria (ULC) which was registered before being abrogated in 1978 should be accorded the same recognition.
ULC on this premise above would kindly request the federal Ministry of Labour to cause the Registrar of Trade Unions to re-issue it with its original certificate of registration so that the present process of seeking registration will be brought to an end immediately.
Do please be assured of our very warm regards even as you take steps to furnish us the necessary information as requested by us.
Fraternally yours,
Comrade Joe Ajaero
(President – ULC)
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