Abstract
The paper examined the efficacy of ‘collective bargaining, collective agreement and trade union in the resolution of industrial dispute in Nigeria and how it accounts for national development. A critical examination of the relationship between a worker and an employer revealed that one of the major problems which Nigeria has battled with till date is the concern of industrial disharmony in labour relations. It is discovered that the core causes of this disharmony has been the issue of collective bargaining and collective agreement vis-à-vis the activities of trade unions. No doubt, Nigeria has enacted many domestic laws, and also a party to several international treaties and conventions which core aim is to address the problems associated with the enforcement of collective bargaining and collective agreement, yet the problems persist. This largely is owned to the fact that in the Nigerian Legal System, legislations and court have not articulated fully the legal position of a collective bargaining and a collective agreement. Again, in the NLS, CB has witnessed and will continue to witness so much state’s intervention in the form of policy and other influences, especially in the public sector. Failure to implement a conclusive collective agreement was also found to be another problem; which in most cases had led to strikes. is either the non-payment of wages or non-enforcement of collective agreements to inter alia pay wages. In so many instances, it is noted that even where an agreement has been duly entered into between workers and employers after bargaining, the workers may be constrained to embark on industrial action by the very fact of the failure on the part of the employer to honour and keep to the terms of the agreement. Strike or industrial action when embarked on, reduces the rate of production and movement of goods and services within the country, decrease in labour force, technology and human capital which can improve the economic and enhance national The Journal of Environmental and Human Right Law Volume 2, Issue 5, 2022
38 growth. It is recommended that to avoid strike or any other industrial action that will affect production and national
development, all parties to a collective bargaining or collective agreement should honour their sides of the bargain. the legislature should take initiative to enact laws that will make collective agreements justifiable and enforceable. The paper concluded that fusing the existing frameworks in Nigeria and that of international labour organisation will strengthen the enforcement of collective bargaining and collective agreement mechanism to meet with international best practices. The paper adopted the doctrinal methodology, where international legal instruments, domestic instruments for enforcement of collective bargaining and agreement in Nigeria, South Africa, Zimbabwe, England and United States of America were examined together with case laws, books, articles and media publications.
Keywords: Collective Bargaining, Collective Agreement, Employee, Employer and National Development.
