RESOLUTION OF INDUSTRIAL CRISIS BETWEEN MANAGEMENT AND EMPLOYEE IN PUBLIC SECTOR CONSTRAINTS AND PROSPECTS 

CHAPTER ONE

INTRODUCTION

        This study falls within management theory, organization behavaviour, personnel management, labour law and industrial relation. Focusing primarily in industrial relation this study comes under public sector, labour and as well management relation (Onwuchekwa), industrial relation is the regulation of employment relations in any employment situation by the employer, management of the organization or their organizations, the workers of the organization and a third party. private or government through their agents setting as umpire or controllers. The purpose is joints decision making for establishing job values and for co-operation or manpower resources for the attainment of the organizational objectives of the institution and personal needs of the employees. Industrial relations therefore is a process of defining power, authority, relations among management, employee in their collective labour organization and government agent.

Industrial relation revolves around human interaction as work which is predicted upon and arises out of the employment contract (Yusufu, 1984).

In a nutshell, it needs no longer much emphasis  to state that the central issue of industrial relation is now to attain and maintain maximum level of productive efficiency and compensation for services or work done in the form of salaries or wages with fuller realization of production a co-operative endeavour, even when we consider it from within special service provision unit of the public service or sector specifically, the educational sector within which the institution, Federal Polytechnic, Oko, emanate. The virtual importance of work itself in the whole life style of the employee, industrial relation increasing concerned with the purpose of the institution and how, by effective participation both in the work effort and in the relevant decision making can find greater self fulfillment in the work situation, so industrial relation is concerned with labour or employee problems in all it’s ramification for example;

1. Conditions of work, hours of work shifted holidays, social security and compensation.
2. Wages payment and fixing maternity leave and sickness.
3. Employee (labour) and employer grievances and disputes
4. Level of production and safety, health and welfare at work.
5. Employee, development, training, upgrading and promotion (Yusufu, 1984). Having taking a summary look at the basic meaning of labour management and industrial relations I wish to state that such a basic understanding of industrial relations in Nigeria will clarify and promise context within which the Federal Polytechnic, Oko as an educational services providing section of the public sector or services is a veritable case study for the resolution of industrial crisis between management and employee.

This industrial relation services as the premises on which/grievances and manage/setted.

1.1   BACKGROUND OF THE STUDY

Management of employee grievance originated because of the problems that are associated with labour and management. Such problem like not having a process of grievance settlement procedure lead to bias and unfair treatment of the employee by the management. Again, there is no consideration to protects the employee from discriminatory treatment by management. Management treat employee unfairly without considering the condition of their workers. The end of the political crisis early in the 1970’s gave room for organized labour to be once again released from it’s dilemma of whether or not forgo industrial action in the interest of the national security.

With the civil war over, labour stiffened demands for improvement in wages structure and other conditions of through the country the country, workers protest, compiled with the governments growing realization of the poor economic status of the working class ultimately led to the establishment of Adada commission award marked the beginning of the greater industrial crisis. The period also marked the beginning of the revolutionary measure taken by  government in the settlement of trade disputes. As it’s formation the labour management relationship may be  characterized by suspicious and skepticism. It may appear that labour is out to victimize management and vise versa. The view is strengthened when one considers the union belief that form with its enormous power and wealth as constantly seeking to suppress employee organization management on the other hand, believes that the union is poking its nose into its business thereby making relationship between the parties to be at its lowest ess.

A cursory review of the nature of labour management relation in contemporary Nigeria will no doubt lead to the conclusion that significant proportion of employers and workers still reject the idea that on one hand, the two side are engaged in a partnership and on the other that co-operation on both side can bring about increased productivity better wages and giving conditions and industrial peace in the country. On the other hand absence of effective industrial relations normally will lead to disorder which can result to strike action which will bring about loss of manpower, loss of productivity operation as a result of such inherent anomalies will come to a half there will be a serious. Economic repercussions.

This is exactly why industrial relation is very important. Almost all concerted effort on how to achieve and maintain industrial peace between management and employee seems to a mirage.

Hence, this study on maintain industrial peace between management and employee is a stitch in which saves nine in the present bid to make our tertiary institution very viable. Therefore, at this juncture, the historical background of the institution understudy should be reviewed. We know that our umbrella topic focused on the public sector and Federal Polytechnic, Oko being our case study and a parochial of school of the educational sector of Nigeria public service will be much useful as a historical background Federal Polytechnic, Oko is an autonomous public institution with general function of providing liberal high education and encouraging the advancement of learning.

The legal basis of the polytechnic is the federal polytechnic, state which was enacted by decree No. 33 of 1979 as amended by decree No. 5 of 1993. The institution was established in as a college of arts and sciences and later underwent through various metamorphoses from of arts and science to college of art, science and technology in 1980 28^th to be precise, then it later became Anambra State Polytechnic on 27^th June 1984 through edict No 12 of 1985 as was publish in Anambra State of Nigeria, Gazette No. 24 volume 16 of the said year 1993 it became known as Federal Polytechnic Oko.

It equally undergone leadership changes from the first principal (Rector) of the college Mr. I.O Ndu to the tenure of Professor C. Ezeilo when it became a state polytechnic to the terms of Dr. A.B Uzuakunwa who was appointed in 1985 as a Rector to the time of chief E.O Nwadialor appointed in 1988, then his successor Dr. U.C Nzewi was appointed in 1988 until May 2002 when professor U. Nwuba was appointed Rector.

In 2005, Federal Government appointed Dr. Awodi W. Yusuf as Acting Rector until 2009. In 2010, Professor Onu G. was appointed the Rector till date.

This institution is situated at Oko along Oko-Umunze road in Orumba North L.G.A on a land mass of 35.03 hectares. It is an appreciation of the historic background and appropriation of it’s associated attendant structural leadership, management employee, policies, legal and other relevant materials resources changes that the background of the study forms its backdrop.

STATEMENT OF THE PROBLEM

The problem facing labour and management in public sector is concerned with the employee and the employer of which Federal Polytechnic, Oko is one of them.

According to Yusuf (1955:97) “The whole wed of human action at work which predicated by crises out of the employment contract”

The problems are in all ramification which includes: employers job security, condition of work. In terms of remunerations, union and employee grievances and disputes (crises), old age benefit training, promotion and the general development of the higher institutions in Nigeria.

Inability of government to implement formulate policies like the on-going policy on salary incrimentation on minimum wage although they have agreed to increase the salary but is still a myth and not reality is another problem inherent in this study.

PURPOSE OF THE STUDY

        The major purpose of this study is to identify most efficient or most effective machinery of resolving crises between management and employee in Federal Polytechnic, Oko. Other are:

1. To find out those factors that could cause industrial crises between management and employee in work place such as Federal Polytechnic, Oko.
2. To examine those factors that influence employee performance in Federal Polytechnic, Oko
3. To ascertain means of eradicating or reducing to the most minimum level those factors that cause industrial crises.
4. To recommend solutions to industrial crises in public sector.

SIGNIFICANCE OF THE STUDY

The findings or result of this study will be of immense value to the management and employee of Federal Polytechnic, Oko who are desirous of identifying the problems that affect their relationship and its attendant performance for possible correction.

It will also help to secure a better terms and condition of service from the employers (management) this includes general condition of work and payment etc. The study will help to find the earliest and  cheapest means of resolving management dispute. It will not only help to identify the good working industrial atmosphere.

In conclusion, it will be an immense usefulness particularly to the Federal Polytechnic Oko and the entire public service.

RESEARCH QUESTIONS

This study sought answers to the following research question:

1. What are the factors that cause management and employee crises?
2. What are the factors that positively influence the performance of employee?
3. What are the most efficient way and effective machinery for the resolution of management employee crises when there is a crises.

SCOPE OF THE STUDY

This study is meant to examine the efficient and effective machinery useful in the resolution of crises between management and employee in public sector with particular reference to Federal Polytechnic, Oko. It will cover those areas such as: the causes of employee grievances difference types of employee grievances as well as the remedies or ways forward for the industrial crises between the management and employee in public sectors such as Federal Polytechnic, Oko.

LIMITATIONS OF THE STUDY

To state that there are limitations in the course of the researcher work is just being factual. As limitations are inherent in this research work. Most of the respondent manifested phobia for filling out questionnaire little wander why we gave out 780 questionnaire and retrieve only 758. time and financial constraint were equally limits the study.

DEFINITION OF TERMS

The terms used in this research work done to its uniqueness could be subjective or objective to different interpretation by different readers therefore, these terms have been defined by the research under the content of this research work as follows:

1. MANAGEMENT: They are people that carry out the task of planning, organizing, directing and controlling the institution.
2. LABOUR/EMPLOYEE: Those who belong to intermediate and junior cadre workers. It could equally be seen as those who belong to the non-management group in an organization.
3. DISPUTE/CRISES: It means controversies surrounding the terms, tenure or condition of employment or of those concerning the association or representation of person in negotiating, fixing, maintaining or changing the terms and conditions of employment.
4. GRIEVANCE: Any complaint by an employee or by a union (sometimes by the employee or employee association) concerning any aspect of the employment relationship.
5. GRIEVANCE SETTLEMENT PROCEDURE: It refers to structure provision or machinery set up either statutory or internally and resolve problems which in the application and interpretation of contract agreement or any relevant law or policy guiding the disbursement of responsibility between management and employee in public sector.
6. INDUSTRIAL RELATION: It is the regulation at employment relations in any employment situation by the employee/management. Simply put it as a study of the all the relationship that exist in the work places.

Therefore, the framework of industrial relations deals with the structures, process and the parties in industrial relation system.

However, the element of a contract of employment voluntary after and acceptance consideration, agreement and contention to create legal relations, legality purpose and other valid contracted terms. Where mutual consideration is lacking the agreement will be unforceable unless it is under seal.

To this, the resources of authority as an instrument of enforcement implies specific types of relationship between those (management) who will give orders and (workers) who will take them disciplinary measure must then be applied entails a degree of relationship  the disciplinarians and the disciplined.

These measure, the penalties for violation ought to be written into agreement itself formidable into the statutory laws thus Nwosu (1997) state categorically that the firm of the context could be written contract is preferred in consonance with section 7 of labour Act 1974 to ascertain the particular of the contract of which penalties for violation and other primitive measure are part of the school.

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