ABSTRACT

Just as it is common for conflicts to arise in every human relationship, the relationship between an employer and an employee is not left out in this. The importance of collective bargaining is so enormous in order to bring about amicable settlement of trade disputes. It was discovered in this work that, countries the world over have at one time been faced with the challenges of industrial frictions. An objective of this research work is to educate society and stakeholders on the need for parties in industrial relation to resolve whatever disputes amicably. This is not undermining the rights of employees to embark on strike or other forms of settlements in driving home their grievances. It was recommended that labour laws in Nigeria should be strengthened to enhance the swift and amicable settlement in Trade Disputes.
TABLE OF CONTENTS

Title Page – – – – – – – – – i
Declaration – – – – – – – – – ii
Certification – – – – – – – – – iii
Dedication – – – – – – – – – iv
Acknowledgement – – – – – – – – v
Table of Cases- – – – – – – – – vi
List of Statutes – – – – – – – – vii
List of Abbreviation – – – – – – – – viii
Abstract – – – – – – – – – ix
Table of Content – – – – – – – – xi
CHAPTER ONE GENERAL INTRODUCTION
Introduction – – – – – – – – 1
Statement of the Problems – – – – – – 2
Aim and Objectives of the Research – – – – – 6
Significance of the Research – – – – – – 7
Scope of the Research – – – – – – – 8
Research Methodology – – – – – – 8
Literature Review – – – – – – – 9
Organizational Layout – – – – – – 15
CHAPTER TWO COLLECTIVE BARGAINING
Introduction – – – – – – – – 16
History of Collective Bargaining – – – – – 16

2.2.1 Meaning of Collective Bargaining – – – – – 21
2.2.2 Types of Collective Bargaining – – – – – 22
2.2.3 The Concept of Collective Bargaining – – – – 24
2.2.4 Characteristics of Collective Bargaining – – – – 25
2.5 The Structure of Collective Bargaining – – – – 29
2.6 Subject-Matter of Collective Bargaining – – – – 32

CHAPTER THREE

THE LAW AND COLLECTIVE BARGAINING

Introduction – – – – – – – – 41
Collective Bargaining – – – – – – – 51
Public Sector Wage Policy – – – – – – 51
Private Sector Wage Policy – – – – – – 52
Current Laws in Labour Relations – – – – – 55
The Scope of the Trade Dispute Act – – – – – 56
Current Developments in Wage Policy Formulation – – – 57
Relationship among Unions and Collective Bargaining – – 62
CHAPTER FOUR INDUSTRIAL DISPUTES
Introduction – – – – – – – – 64
Expression of Industrial Disputes – – – – – 64
4.3 Strikes – – – – – – – – – 65
Meaning of Strike – – – – – – – 66
The Strike Theories – – – – – – – 69
The Right to Strike – – – – – – – 71
International Labour Law and the Right to Strike – – – 72
Statutory Rules Limiting Strikes – – – – – 72
4.9 Lock-Outs – – – – – – – – 78
Meaning of Lock-Out – – – – – – – 79
Effect of Lock-Out on Contract of Employment – – – 79
CHAPTER FIVE
CONCLUSION, FINDINGS AND RECOMMENDATIONS
5.1 Conclusion – – – – – – – – 81
5.2 Findings – – – – – – – – 84
5.3 Recommendations – – – – – – – 84
Bibliography – – – – – – – – 86Download Full Material-N5000

A CRITICAL APPRAISAL OF THE FUNDAMENTAL HUMAN RIGHTS OF FEMALE PRISONERS UNDER NIGERIAN LAW

The rights of a person under the 1999 Constitution of the Federal Republic of Nigeria are not gender biased but of general application to both sex. Due to physiological differences however certain rights are peculiar to women. A woman’s biological make-up requires that additional efforts be made by the Nigerian Prisons Service in case of female prisoners as far as their health is concerned. Every study on prison conditions in Nigeria has emphasized that Nigerian prisons were built with only men on the minds of the authorities.13 The reason given for doing so was that women were not expected to go to prison. Presently, though, women are known to commit crimes for which they go to prison like men but the situations have not changed because it is said that the population of women in prisons is insignificant to call for any change.14 Today in Nigeria we have only one independent female prison i.e. Kirikiri Women’s Prison in Lagos. But all other female prisons are carved out of male prisons. Today in Nigeria women prisoners are confined in one form of a make-shift, inadequate accommodation without observing the issue of classification. Experience has shown that about 95 percent of Nigerian female prisoners come within the child-bearing age bracket.15 Nature subjects these female prisoners to monthly menstruation. The stories narrated by these prisoners on how they managed their menstrual period is very pathetic. Some said that they used old rags in between their legs to check the blood flow. Others said they used pieces of paper in the same way as rags while others said that they would sit on the floor with their scanty dresses allowing the blood to be absorbed between the floor and the dress.1 This same problem applies to pregnant female inmates who are brought back to the prison soon after having their babies in hospitals outside the prison. The insignificant number of the female prisoners, particularly young girls, who said they used toilet tissues to manage the period said that the toilet tissues often provided by their visitors were never enough to last for two days of the expected four to five days period. This issue of exposure of the female prisoners to various types of infectious diseases during their menstrual period cannot be over-emphasized, and indeed some had been infected.2 Apart from their physical health, the situation also affects their mental health. In this respect female prisoners were dehumanized in a situation where they would be compelled to walk about with blood stains or sit on a bare floor in order to control the blood flowing down between their legs. It is the duty of the Nigerian Prisons Service to provide female prisoners with the necessary articles to keep themselves clean.Download Full Material-N5000

THE ROLE OF THE WORLD TRADE ORGANISATION IN RESOLVING TRADE DISPUTES UNDER INTERNATIONAL LAW

Abstract:

In 1995, the World Trade Organization (TWO) was established as the only international Organization dealing with the global rules of trade between nations. Its primary function was to ensure that trade flows as smoothly, predictably and freely as possible. At the heart of the system are the WTO’s Agreements, which are the legal rules for international commerce. This study aims at appraising the role of the WTO in settling trade disputes. Specifically, this study would examine the WTO Dispute Settlement System, identify the objectives of the system and whether or not the system allows for the actualization of these objective. The study would also evaluate its performance and make recommendations based on research findings on how the system can be made more effective. In undertaking this task, the researcher would employ the historical record review and library research methods as well as interact with individuals and bodies concerned with international trade, as well as WTO bodies concerned with settling trade disputes, and personal observations. Disputes in the WTO arise when one country adopts a trade policy measures or takes some actions that one or more members considers to be inconsistent with the obligations set out in the WTO agreements. Settling trade disputes in a timely and structured manner is important in order to realize the practical value of the commitments the signatories undertake in WTO agreements. The central objective of the WTO dispute settlement system is to provide security and predictability to the multilateral trading system. In addition, the system is to preserve and clarify the rights and obligations of the members under the WTO Agreements, as well as 7 ensure that disputes are settled promptly and members are prohibited from unilateral determination of their disputes. In carrying out its mandate, the WTO dispute settlement system has decided several disputes among member nations of the WTO, covering diverse areas of the WTO agreements. In fact, the performance of the WTO dispute settlement system has been generally described as successful. This notwithstanding, the WTO dispute settlement system is beset with many problems, obstacles and challenges, which makes it impossible for it to achieve its objectives. Thus, the objectives of the system have not been satisfactorily met due to implementation problems, inadequate funding, lack of transparency and access to the system, ad hoc nature of panels, as well as lacuna’s in the DSU. Considering the importance of the WTO’s role of settling trade disputes to the stability of the global economy, adequate attention should be given to the system. Accordingly, the WTO dispute settlement body should be adequately funded that would meet the increased work load of the DSB. The lacuna’s in the DSU should be corrected and the system made more transparent and accessible to the public. Furthermore, the system should adopt adequate panelist that can meet the increased complexity of the substance of cases presented before panels nowadays.