….Association cites Court of Appeal 2023 judgment affirming union jurisdiction
….Says AUPCTRE limited to junior staff, warns against interference by other ministries
The Senior Staff Association of Statutory Corporations and Government-Owned Companies (SSASCGOC) has described as a ruse and unlawful the claim by the Nigerian Labour Congress (NLC) and its affiliate, the Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees (AUPCTRE), to organise senior officers in the Industrial Training Fund (ITF).
In a statement signed by its Acting General Secretary, Akin Okudero, SSASCGOC expressed grave concern over what it called incessant and disturbing labour practices being promoted by the NLC through its affiliate unions, particularly the ongoing dispute involving ITF.
The association explained that ITF management acted in compliance with the Court of Appeal judgment of July 2023, which clearly defined the jurisdictional boundaries between SSASCGOC and AUPCTRE.
According to SSASCGOC, the ITF adopted a neutral position by neither coercing officers on Grade Level 07 to join SSASCGOC nor remitting check-off dues to either union, in order not to contravene the subsisting court order.
SSASCGOC maintained that its operations are firmly grounded in law, being duly registered under the Trade Union Act of Nigeria.
It referenced the Trade Union Act CAP T.14 LFN 2004, noting that the Third Schedule outlines the scope of AUPCTRE under Part B, Section 34(3), while Part C defines the jurisdiction of SSASCGOC.
The association further stated that several judgments of the National Industrial Court have affirmed SSASCGOC as the appropriate union for senior staff in statutory corporations and government-owned companies.
It noted that rulings delivered in 2019, 2020, and upheld by the Court of Appeal in July 2023, established that SSASCGOC exclusively represents officers on Grade Level 07 and above, while AUPCTRE is restricted to junior staff on Grade Level 06 and below.
SSASCGOC commended the ITF management for what it described as responsible and law-abiding conduct in handling the matter.
The association condemned what it termed the antics of AUPCTRE in lobbying the Federal Ministry of Industry, Trade and Investment to intervene, insisting that the matter falls strictly under the authority of the Federal Ministry of Labour and Employment.
It stressed that no ministry or department has the power to review or overturn court judgments.
SSASCGOC revealed that the Federal Ministry of Labour and Employment had already clarified the legal position to AUPCTRE, but the union remained dissatisfied until the courts subsequently vindicated the ministry’s stance.
The association reiterated that the Court of Appeal judgment provided a clear separation of union jurisdictions, affirming the earlier ruling of the lower court.
It declared that officers on Grade Level 07 and above cannot legally belong to AUPCTRE, making any claim to deductions from such officers in ITF “untenable and unsustainable.”
SSASCGOC added that ITF has consistently remitted check-off dues to AUPCTRE for its legitimate members who are officers on Grade Level 06 and below.
Addressing the constitutional argument raised by NLC and AUPCTRE, SSASCGOC said Section 40 of the Nigerian Constitution on freedom of association is not absolute but qualified.
It explained that Nigerian workers are not free to join any union of choice outside the jurisdiction assigned by law.
The association urged the NLC and its affiliates to be better guided by established legal provisions and court rulings.
It warned the NLC against being stampeded into actions capable of causing disharmony between the two labour centres, the NLC and the Trade Union Congress (TUC).
SSASCGOC recalled past picketing incidents involving similar disputes, including cases in NIPOST and the Standard Organisation of Nigeria (SON), urging restraint against what it called fruitless labour activities..
The association called on the Federal Ministry of Labour and Employment to admonish the NLC to stop threatening member organisations of SSASCGOC over what it described as a settled matter.
SSASCGOC expressed confidence that the dispute would soon be laid to rest in accordance with the law and existing judicial pronouncements.
