NLC Joe Ajaero: Asserts Sole Negotiation Power for Workers

• Joe Ajaero, President of the NLC, asserts his union's sole authority to negotiate on labour matters, challenging the TUC's position.
• Ajaero bases this claim on the ILO's "principle of most workers representatives" and the NLC's dominant representation in key councils.
• He argues that the TUC must channel its proposals through the NLC for official submissions and cannot negotiate independently with labour authorities.
• The NLC President cited the Trade Union Amendment Act 2005 and the 1999 Constitution, emphasizing workers' right to choose their unions.
• The N70,000 transport allowance was secured after the NLC issued an ultimatum to the Federal Government, leading to negotiations.

Ajaero, however, clarified that while the TUC is welcome to participate alongside the NLC, it lacks the independent authority to negotiate directly with government labour bodies.

The President of the Nigeria Labour Congress (NLC), Joe Ajaero, has firmly stated that his union possesses the exclusive right to engage in negotiations on behalf of workers, directly challenging the stance of his Trade Union Congress (TUC) counterpart, Festus Osifo. Osifo had previously maintained that any such discussions should involve both prominent labour organizations. Ajaero, however, clarified that while the TUC is welcome to participate alongside the NLC, it lacks the independent authority to negotiate directly with government labour bodies. This assertion was made during an appearance on Channels Television’s The Morning Brief on Monday.

This disagreement surfaces amidst ongoing discussions surrounding the N70,000 transport allowance, which the Federal Government recently approved for all levels of workers for a six-month period. Ajaero underscored his position by stating, "TUC can negotiate along with NLC but NLC can negotiate alone based on the principle of most workers representatives of the ILO." He further elaborated that the NLC's dominant role is rooted in international labour principles, which designate the union representing the majority of workers as the primary negotiating entity.

Ajaero's argument for the NLC's preeminent negotiating power is grounded in the "principle of most workers representatives" as recognized by the International Labour Organisation (ILO). He cited this principle to explain why the TUC, when engaging with the ILO, is required to channel its proposals through the NLC for official submission. He recounted an instance where the TUC's independent negotiation attempt ahead of an ILO conference was rejected, necessitating NLC's endorsement. According to Ajaero, the NLC ultimately dictates the terms of the TUC's participation in such international engagements.

Furthermore, Ajaero expressed confidence that neither the Ministry of Labour nor other relevant labour authorities would permit the TUC to conduct independent negotiations concerning workers' welfare. He directly addressed claims by Osifo regarding the TUC's significant membership within the federal civil service, countering them by referencing the Trade Union Amendment Act 2005 and Section 40 of the 1999 Nigerian Constitution. These legal provisions, Ajaero argued, affirm the voluntary nature of trade union membership and the fundamental right of every Nigerian worker to choose their union affiliation, thereby implying that membership numbers alone do not confer primary negotiating rights in the manner suggested by the TUC.

The NLC President further bolstered his argument by highlighting the composition of the Joint National Public Service Negotiating Council. He pointed out that out of the eight union bodies comprising this council, only one is affiliated with the TUC, while the remaining seven are under the NLC's umbrella. Moreover, the sole TUC-affiliated union within this joint body has, according to Ajaero, already ceded its powers to the council itself, reinforcing the NLC's collective authority. This structural reality, he suggested, undermines any claim of independent negotiation parity for the TUC.

Ajaero also shed light on the process that led to the N70,000 transport allowance agreement, revealing that the NLC had issued an ultimatum to the Federal Government. This action prompted the government to request a four-day period for discussions, which ultimately resulted in the allowance being agreed upon. Looking ahead, Ajaero emphasized that any future demands for a minimum wage increase cannot proceed without the government first establishing a dedicated negotiation committee, and that such wage adjustments would invariably require extensive consultations involving all relevant labour leaders. This reiterates the NLC's view on the structured and centralized nature of significant labour negotiations.

Lawyers advising employers or government bodies on labour negotiations in Nigeria must be aware of the NLC's asserted primary negotiating authority, particularly regarding the 'most workers representatives' principle and the Trade Union Amendment Act 2005. This understanding is critical to ensure the validity and enforceability of collective bargaining agreements and to avoid disputes over proper union representation.

Source: Original reporting via PUNCH.