BARGAINING INEQUITIES IN THE LEGAL FRAMEWORK FOR COLLECTIVE BARGAINING IN NIGERIA: A RECIPE FOR PERENNIAL INDUSTRIAL CONFLICTS

Abstract

Industrial relations according to the Marxist theory are denoted by class struggles based on competing and often conflicting class interests, which gives rise to industrial conflicts which have become inevitable in industrial relations. Therefore, effective management of this dispute has remained a legal dilemma, hence the use of collective bargaining to minimize these conflicts. This paper aimed to analyze the problem of bargaining inequities within the legal framework for collective bargaining in Nigeria and demonstrate how bargaining inequities contribute to the problem of industrial conflicts. It was discovered that although collective bargaining is deeply entrenched in the Nigerian industrial legal framework, the entire process is undermined by inherent bargaining inequities. The paper argued that existing bargaining inequities are responsible for the ineffectiveness of collective bargaining in addressing industrial conflicts, which led to the conclusion that without addressing bargaining inequalities, and collective bargaining, the problem of industrial conflicts will persist. The paper recommended an amendment of the Trade Disputes Act to address the inequities in the bargaining processes.