**5. Crisis management in public-sector: Literature survey**

As indicated earlier, this author reiterates that crisis will naturally exist in every given society of human beings in interactions. So also will there be conflict or crisis in every sector, unit or platform which consists of human beings in interactions. The Nigerian public sector is not immune from this phenomenon. What is important is that steps are taken to address any conflictual or crisis-ridden situation. Given the context of this study, it is relevant to highlight the place of government (the State), being the machinery upon which the entire governance responsibility for the country rests. This section will involve some literature survey of previous studies which have dealt with industrial or employee relations in Nigeria and how such has fared under the government.

#### **5.1 The role of the state in public sector crisis management**

According to Badejo [6], 'the state had traditionally played various roles in different countries, most especially in providing the institutional framework for the bilateral relationship between workers/Trade Union and Employers/ their representatives to encourage a bipartite relationship'. This suggests that the government, whether at the national, provincial, regional or local level, serves to create and regulate the work environment in terms of legislations which prescribe how workers can conduct their affairs in their working relationship with government. Badejo [6] further mentioned about the government's publication of the National Labour Policy in 1975, which contained its direct intervention and the pursuance of guided democracy in labour matters, and this involved limited intervention in certain areas of labour activity in order to guarantee industrial harmony.

Expectedly, the government has not ceased from continuous intervention and interference in virtually every area of industrial relations. In the case of Nigeria, such interference has resulted into disruptive strike actions that have in most cases, caused socio-economic and political paralysis in the country. In such circumstances, governance has ultimately borne the brunt as the country would have been engulfed in disorderliness, thereby manifesting in grave security threats. However, scholars like Ubeku [8], believe that there are reasons for state intervention in trying to regulate activities of organised labour.

**139**

that of labour.

*Crisis Management in Nigeria's Public Sector and the Impact of the Organised Labour Union…*

the overwhelming position of government as an employer of labour; political and economic considerations; historical and international imperatives, etc. In the opinion of Otobo [9], whose analysis appears more specific than as highlighted by Ubeku [8], the state (government) unavoidably intervenes in industrial relations matters as a result of it being a huge employer of labour, hence, employment and manpower development structuring; regulations of wages and salaries; union government and administration; collective bargaining; and industrial conflict [9]. However, the position of Yesufu [10] in the classification of the role of government

According to Yesufu [10], the role of government in its dealings with the Nigerian labour movement consists of—leadership role; legislative and regulatory

On leadership, Yesufu [10] observes that the responsibilities of the state involves economic development and improvement in the standard of living of the people. Consequently, the position of government as the major single largest of labour and as guardian of the social conscience, places the state in a peculiar position to provide leadership in industrial relations as in all other fields of economic and social endeavour. Yesufu [10] argues that this role should necessarily be concerned with the manifestation of policies and by setting the examples though the remuneration and compensation policies. From this vantage position, it could be said that the government exists to serve the interests of every citizen of the country, including

At the level of legislative and regulatory responsibility, Yesufu [10] reveals that the role of the state is carried out mainly through the enactment and enforcement of labour and industrial relations legislation which ensures minimum basic and acceptable standards of employment, condition of work, welfare and security, and the institutional framework for the conduct of industrial relations. This suggests that the state, given its sovereign status, possesses the mandate to provide the rules and regulations by which citizens and institutions of government can and should

At the level of investigatory and advisory responsibility, Yesufu [10] believes that these functions of the state are generally undertaken by the Federal Ministry of Labour. In the case of Nigeria, it is Ministry of Labour and Employment, and the mandate derives from the ministry's role in the enforcement of the various labour laws and policies. Operationally, the ministry is expected to constantly engage in touring employment establishments under its jurisdiction in order to ensure conformity with labour and industrial relations legislation, investigating breaches and grievances, and generally advising employers on improvements in working

On education and training responsibility, Yesufu [10] believes and argues that it is expected of the state to provide the environment which conduces to education and training of its employees on their duties and obligations as public servants. This way, it is believed that a thorough education will help solve most of the industrial

On adjudicatory role of government, Yesufu [10] is of the opinion that, in spite of how much enlightened an industrial or employee relations system may be, there are constant labour grievances, misunderstandings and disputes which need to be settled. The state accordingly provides machinery for intervention and settlement in such cases, particularly in regard to collective disputes, through the appointment of conciliators, arbitrators, and the establishment of industrial relation courts. From the foregoing, it is evident that the state does have clearly defined role to play to create the environment for a favourable industrial relations, where

role; investigatory and advisory; education and training; and adjudicatory.

offers clearer perspectives, and will be deployed in this study.

conduct their affairs and relationships within defined confines.

conditions and on management/employee relations.

relations problems in the developing countries.

According to Ubeku [8] in particular, such reasons include among other things,

*DOI: http://dx.doi.org/10.5772/intechopen.89562*

#### *Crisis Management in Nigeria's Public Sector and the Impact of the Organised Labour Union… DOI: http://dx.doi.org/10.5772/intechopen.89562*

According to Ubeku [8] in particular, such reasons include among other things, the overwhelming position of government as an employer of labour; political and economic considerations; historical and international imperatives, etc. In the opinion of Otobo [9], whose analysis appears more specific than as highlighted by Ubeku [8], the state (government) unavoidably intervenes in industrial relations matters as a result of it being a huge employer of labour, hence, employment and manpower development structuring; regulations of wages and salaries; union government and administration; collective bargaining; and industrial conflict [9]. However, the position of Yesufu [10] in the classification of the role of government offers clearer perspectives, and will be deployed in this study.

According to Yesufu [10], the role of government in its dealings with the Nigerian labour movement consists of—leadership role; legislative and regulatory role; investigatory and advisory; education and training; and adjudicatory.

On leadership, Yesufu [10] observes that the responsibilities of the state involves economic development and improvement in the standard of living of the people. Consequently, the position of government as the major single largest of labour and as guardian of the social conscience, places the state in a peculiar position to provide leadership in industrial relations as in all other fields of economic and social endeavour. Yesufu [10] argues that this role should necessarily be concerned with the manifestation of policies and by setting the examples though the remuneration and compensation policies. From this vantage position, it could be said that the government exists to serve the interests of every citizen of the country, including that of labour.

At the level of legislative and regulatory responsibility, Yesufu [10] reveals that the role of the state is carried out mainly through the enactment and enforcement of labour and industrial relations legislation which ensures minimum basic and acceptable standards of employment, condition of work, welfare and security, and the institutional framework for the conduct of industrial relations. This suggests that the state, given its sovereign status, possesses the mandate to provide the rules and regulations by which citizens and institutions of government can and should conduct their affairs and relationships within defined confines.

At the level of investigatory and advisory responsibility, Yesufu [10] believes that these functions of the state are generally undertaken by the Federal Ministry of Labour. In the case of Nigeria, it is Ministry of Labour and Employment, and the mandate derives from the ministry's role in the enforcement of the various labour laws and policies. Operationally, the ministry is expected to constantly engage in touring employment establishments under its jurisdiction in order to ensure conformity with labour and industrial relations legislation, investigating breaches and grievances, and generally advising employers on improvements in working conditions and on management/employee relations.

On education and training responsibility, Yesufu [10] believes and argues that it is expected of the state to provide the environment which conduces to education and training of its employees on their duties and obligations as public servants. This way, it is believed that a thorough education will help solve most of the industrial relations problems in the developing countries.

On adjudicatory role of government, Yesufu [10] is of the opinion that, in spite of how much enlightened an industrial or employee relations system may be, there are constant labour grievances, misunderstandings and disputes which need to be settled. The state accordingly provides machinery for intervention and settlement in such cases, particularly in regard to collective disputes, through the appointment of conciliators, arbitrators, and the establishment of industrial relation courts.

From the foregoing, it is evident that the state does have clearly defined role to play to create the environment for a favourable industrial relations, where

*Public Sector Crisis Management*

and analytical prism.

fared under the government.

industrial harmony.

activities of organised labour.

this study.

large unionised organisations and congruent with developments in contemporary society. In the opinion of Wokoma [5], the conflict theory evolved from the works and ideas of Karl Marx, who contended that conflict is inevitable and stems from inequalities of power and economic wealth inherent in a capitalist economy or society. It should be noted that this study is not intended to view the issues associated with this study from any ideological perspective, but strictly from an academic

The relevance of this theory derives from the role of theoretical construction in research which, in the view of Badejo [6], serves to observe, understand, explain, predict and control events or phenomena. For Fajana [7], theory 'helps in our understanding of events and problems in the practical world'. By application therefore, the fact of the conflict nature of social groups, such as the organised labour being a coalescence of individual group of people, suggest the inevitability of disagreement in the course of interactions that could lead to conflict or crisis from time to time. Therefore, the conflict theory would be most appropriate to underpin

As indicated earlier, this author reiterates that crisis will naturally exist in every given society of human beings in interactions. So also will there be conflict or crisis in every sector, unit or platform which consists of human beings in interactions. The Nigerian public sector is not immune from this phenomenon. What is important is that steps are taken to address any conflictual or crisis-ridden situation. Given the context of this study, it is relevant to highlight the place of government (the State), being the machinery upon which the entire governance responsibility for the country rests. This section will involve some literature survey of previous studies which have dealt with industrial or employee relations in Nigeria and how such has

According to Badejo [6], 'the state had traditionally played various roles in different countries, most especially in providing the institutional framework for the bilateral relationship between workers/Trade Union and Employers/ their representatives to encourage a bipartite relationship'. This suggests that the government, whether at the national, provincial, regional or local level, serves to create and regulate the work environment in terms of legislations which prescribe how workers can conduct their affairs in their working relationship with government. Badejo [6] further mentioned about the government's publication of the National Labour Policy in 1975, which contained its direct intervention and the pursuance of guided democracy in labour matters, and this involved limited intervention in certain areas of labour activity in order to guarantee

Expectedly, the government has not ceased from continuous intervention and interference in virtually every area of industrial relations. In the case of Nigeria, such interference has resulted into disruptive strike actions that have in most cases, caused socio-economic and political paralysis in the country. In such circumstances, governance has ultimately borne the brunt as the country would have been engulfed in disorderliness, thereby manifesting in grave security threats. However, scholars like Ubeku [8], believe that there are reasons for state intervention in trying to regulate

**5. Crisis management in public-sector: Literature survey**

**5.1 The role of the state in public sector crisis management**

**138**

employees can be assured of their welfare and the promotion of same. Viewed critically, it is the suggestion of this author that this position of the government could not have been avoided. This role cannot be undermined regardless of the nature of government. However, the scenarios under military regimes have proved otherwise, and this much was characteristic of the Nigeria's experience under the military dictatorship. The 1994 experience when the late dictator descended heavily on the labour organisations for daring to intrude into matters considered a 'no go area', and the consequences are better imagined. However, this paper will point out if the status can be rejigged for fairness, and that will be towards the conclusion of the write-up.

#### **5.2 The nature and character of the organised labour in Nigeria**

Historically, trade unionism is recorded and believed to have begun in Nigeria in 1912, when government employees in the public service (public sector) formed the Nigerian Civil Service Union (NCSU), an organisation of workers to promote the interest and welfare of its members in relation to conditions of service [11]. However, the passing of the Trades Union Ordinance in 1938 by the then colonial government provided the legal basis for the existence of labour organisations in the country. The ordinance stipulated the rights and privileges, and the conditions under which the union could safely operate. It is noteworthy that overtime, since the coming into effect of the ordinance, several labour organisations have sprung up in the country with virtually workers in every government department—from national to local—covered under one union or the other.

Perhaps, it is worthwhile to clarify from the onset that industrial harmony, in the context of this chapter, refers to the creation and sustenance of a conducive work environment which results from the deliberate efforts by both representatives of employers and employees. This view can be predicated on the position of Chidi and Okpala [3], who are of the opinion that the interactions between the employers and employees in relations to a work environment, are based upon the determination of substantive and procedural issues at industrial, organisational and workplace levels. It is also arguable that industrial harmony encompasses industrial relations or employee relations which consist of the relations that exist between individuals or groups of employees and employers who engage themselves in a way to maximise the productive activities.

According to Tar [12], the 'Nigeria labour movement is often described as the veteran of democratic struggle in the country'. By this description, it is believed that the Nigeria labour movement has come to be regarded as the triggers to the struggles and agitations against government, particularly the military rule which has held sway in the country more than democratic government. Labours' experience is such that the organised unions had to contend with stiff repression from the state under a military rule, which does not consider human rights violations as an aberration. Tar emphasised that, the history of Trade Union movement in Nigeria and elsewhere is closely knit with the struggles for democratic values such as human rights, welfare, wage, equal franchise. Tar however acknowledged that, because of its ideological stance as the defender of workers' right, the labour movement is often neglected when it comes to discourses on democratic struggles. This view about the vibrancy and potency of labour unionism in Nigeria and how the it has engaged with the government on issues of workers welfare in relation to the upholding and promotion of human rights is not far-fetched. This is despite the repressive tendencies of the government aimed at silencing the actions (such as demonstrations, protests and ultimately strikes) of the unions which are seen as irritable and capable of making governance impossible. Perhaps, it should be mentioned that

**141**

*Crisis Management in Nigeria's Public Sector and the Impact of the Organised Labour Union…*

the role of labour goes beyond agitations for improved welfare for its members to include intensified advocacy for democracy and its associated values. This view can be predicated on the position of the International Labour Organisation (ILO), as can be seen in its report in 1998. According to the ILO, unions play important role in guiding and upholding democracy and as defenders of social justice, in particular, by encompassing women, minorities, consumer groups, the unemployed and the growing ranks of working poor in the sphere of action, ILO [13]. Ironically, this position seems to run counter to the interest of government, particularly the military regime, which considers that as a threat. Regardless of how labour movement is viewed, trade unions or labour organisations will continue to be in the forefront of the yearnings for industrial democracy, otherwise, known as workers participation

It might be necessary to mention and highlight the real interest of the organised labour as it seeks to represents its workers so as to be able to identify at what point such interest collides with the running of government, which is a significant ele-

However, the question to be raised at this point is, − to what extent should the state be involved in Industrial Relations or Employee Relations in the context of the Nigerian public sector? According to Badejo [6], the role ascribed to the state in industrial relations depends on the ideological bent of the state. Badejo [6] observes that in communist countries, no separate role is envisaged for employers and trade unions, but that they operate on the basis of party directive and the state plan. This is in contrast to the capitalist countries, where the approach is to allow employers and unions reasonable latitude to determine their own affairs within the framework established by the state. The developing countries, as a result of their experience have had to intervene in industrial relations in the interest of the whole economy. However, as the state is the prime mover of the total social system, there is no argument as to whether it has a role to play or not. The reason for state intervention under could be considered from the following perspectives—economic; historical and international imperatives; the states dominance as an employer of labour; political and social. Otobo [9] noted five areas most frequently subjected to state regulations, namely employment and manpower development; wages and salaries; union government and administration; collective bargaining; and

Against the background of the inevitability of conflict which results from discord that occurs when the goals, interest or values of different individuals or groups in an industrial setting are incompatible, it is relevant to identify in a strict sense, the immediate factors that often trigger labour union's resistance that most times turns out disruptive. For the purpose of this study, these factors will be pin-pointed and they include, among others—government' refusal or unwillingness to recognise labour or trade unions, public policies which are perceived anti-citizens, failure of collective bargaining as a result of hard stance positions, and outright repression of dissenting opinions. In Nigeria, these issues have led to several strike actions and protests, and have resulted in government coming to a standstill in a lot of the occasions. For example, the Nigerian Labour Congress (NLC), and the Trade Union Congress (TUC), had declared a strike in 2019, following months of failed discussions with the government on working conditions and minimum wage. The strike adversely affected the administrative and commercial capital of Abuja and Lagos respectively as government complexes were locked, thus crippling public and civil service across Africa's most populous nation. Similar strikes have taken place, particularly during the military rule which does not respect the fundamental human rights of the people and rule of law. While it is acknowledged that this study is not about strikes and protests, it is necessary to point out that they serve as a means

*DOI: http://dx.doi.org/10.5772/intechopen.89562*

in the management of their enterprise.

ment being considered in this study.

industrial conflict.

#### *Crisis Management in Nigeria's Public Sector and the Impact of the Organised Labour Union… DOI: http://dx.doi.org/10.5772/intechopen.89562*

the role of labour goes beyond agitations for improved welfare for its members to include intensified advocacy for democracy and its associated values. This view can be predicated on the position of the International Labour Organisation (ILO), as can be seen in its report in 1998. According to the ILO, unions play important role in guiding and upholding democracy and as defenders of social justice, in particular, by encompassing women, minorities, consumer groups, the unemployed and the growing ranks of working poor in the sphere of action, ILO [13]. Ironically, this position seems to run counter to the interest of government, particularly the military regime, which considers that as a threat. Regardless of how labour movement is viewed, trade unions or labour organisations will continue to be in the forefront of the yearnings for industrial democracy, otherwise, known as workers participation in the management of their enterprise.

It might be necessary to mention and highlight the real interest of the organised labour as it seeks to represents its workers so as to be able to identify at what point such interest collides with the running of government, which is a significant element being considered in this study.

However, the question to be raised at this point is, − to what extent should the state be involved in Industrial Relations or Employee Relations in the context of the Nigerian public sector? According to Badejo [6], the role ascribed to the state in industrial relations depends on the ideological bent of the state. Badejo [6] observes that in communist countries, no separate role is envisaged for employers and trade unions, but that they operate on the basis of party directive and the state plan. This is in contrast to the capitalist countries, where the approach is to allow employers and unions reasonable latitude to determine their own affairs within the framework established by the state. The developing countries, as a result of their experience have had to intervene in industrial relations in the interest of the whole economy.

However, as the state is the prime mover of the total social system, there is no argument as to whether it has a role to play or not. The reason for state intervention under could be considered from the following perspectives—economic; historical and international imperatives; the states dominance as an employer of labour; political and social. Otobo [9] noted five areas most frequently subjected to state regulations, namely employment and manpower development; wages and salaries; union government and administration; collective bargaining; and industrial conflict.

Against the background of the inevitability of conflict which results from discord that occurs when the goals, interest or values of different individuals or groups in an industrial setting are incompatible, it is relevant to identify in a strict sense, the immediate factors that often trigger labour union's resistance that most times turns out disruptive. For the purpose of this study, these factors will be pin-pointed and they include, among others—government' refusal or unwillingness to recognise labour or trade unions, public policies which are perceived anti-citizens, failure of collective bargaining as a result of hard stance positions, and outright repression of dissenting opinions.

In Nigeria, these issues have led to several strike actions and protests, and have resulted in government coming to a standstill in a lot of the occasions. For example, the Nigerian Labour Congress (NLC), and the Trade Union Congress (TUC), had declared a strike in 2019, following months of failed discussions with the government on working conditions and minimum wage. The strike adversely affected the administrative and commercial capital of Abuja and Lagos respectively as government complexes were locked, thus crippling public and civil service across Africa's most populous nation. Similar strikes have taken place, particularly during the military rule which does not respect the fundamental human rights of the people and rule of law. While it is acknowledged that this study is not about strikes and protests, it is necessary to point out that they serve as a means

*Public Sector Crisis Management*

the write-up.

the productive activities.

employees can be assured of their welfare and the promotion of same. Viewed critically, it is the suggestion of this author that this position of the government could not have been avoided. This role cannot be undermined regardless of the nature of government. However, the scenarios under military regimes have proved otherwise, and this much was characteristic of the Nigeria's experience under the military dictatorship. The 1994 experience when the late dictator descended heavily on the labour organisations for daring to intrude into matters considered a 'no go area', and the consequences are better imagined. However, this paper will point out if the status can be rejigged for fairness, and that will be towards the conclusion of

Historically, trade unionism is recorded and believed to have begun in Nigeria in 1912, when government employees in the public service (public sector) formed the Nigerian Civil Service Union (NCSU), an organisation of workers to promote the interest and welfare of its members in relation to conditions of service [11]. However, the passing of the Trades Union Ordinance in 1938 by the then colonial government provided the legal basis for the existence of labour organisations in the country. The ordinance stipulated the rights and privileges, and the conditions under which the union could safely operate. It is noteworthy that overtime, since the coming into effect of the ordinance, several labour organisations have sprung up in the country with virtually workers in every government department—from

Perhaps, it is worthwhile to clarify from the onset that industrial harmony, in the context of this chapter, refers to the creation and sustenance of a conducive work environment which results from the deliberate efforts by both representatives of employers and employees. This view can be predicated on the position of Chidi and Okpala [3], who are of the opinion that the interactions between the employers and employees in relations to a work environment, are based upon the determination of substantive and procedural issues at industrial, organisational and workplace levels. It is also arguable that industrial harmony encompasses industrial relations or employee relations which consist of the relations that exist between individuals or groups of employees and employers who engage themselves in a way to maximise

According to Tar [12], the 'Nigeria labour movement is often described as the veteran of democratic struggle in the country'. By this description, it is believed that the Nigeria labour movement has come to be regarded as the triggers to the struggles and agitations against government, particularly the military rule which has held sway in the country more than democratic government. Labours' experience is such that the organised unions had to contend with stiff repression from the state under a military rule, which does not consider human rights violations as an aberration. Tar emphasised that, the history of Trade Union movement in Nigeria and elsewhere is closely knit with the struggles for democratic values such as human rights, welfare, wage, equal franchise. Tar however acknowledged that, because of its ideological stance as the defender of workers' right, the labour movement is often neglected when it comes to discourses on democratic struggles. This view about the vibrancy and potency of labour unionism in Nigeria and how the it has engaged with the government on issues of workers welfare in relation to the upholding and promotion of human rights is not far-fetched. This is despite the repressive tendencies of the government aimed at silencing the actions (such as demonstrations, protests and ultimately strikes) of the unions which are seen as irritable and capable of making governance impossible. Perhaps, it should be mentioned that

**5.2 The nature and character of the organised labour in Nigeria**

national to local—covered under one union or the other.

**140**

by which labour unions cause disruptions in the economy of a country thereby engendering an atmosphere of instability.
