THE PLATEAU SATE NULGE MIN WAGE STRIKE

Bitrus Kaze: Plateau State Local Government employees have been on strike now for close to seven months now. They are united under a fairly strong union called the National Union of Local Government Employees, NULGE. Their grouse is the non implementation of the new legal minimum wage in the country, which is currently N18,000 (about $110) a month. The 17 Local Government Secretariats have been under lock and key and it means that all State-owned Primary Schools have also been shut. Negotiations have been going on and several agreements reached. The impasse is now on the arrears of salaries that have accrued. While the State Governor, Jang, insists on invoking the 2004 'No work, no pay' statute, labour claims their strike is s legitimate one, properly undertaken after several warnings and it is a dispute about rights and not new demands. The State Govt has obtained a National Industrial Court restraining order to gag the LG employees into returning to work. As to be expected, they have defied the NIC order. A passionate plea came this morning for the LG workers to return to work from none other than the Hon. Bitrus Kaze, a serving national legislator who represents the Jos South/Jos East Fed Constituency in the House of Reps via his facebook page. As at the last count, he had received 80 responses, including one from this blogger. Kaze's facebook posting, my reply to him and responses to my reply are reproduced below for the reader to assess for himself what might be going on in Plateau State and proffer solutions: Ok grateful, I have a response but I hope friends will have the time to read it. First, it is on the basis of the following that I formulated and hold an opinion which I shared; 1. Trade Dispute Act 2004 Section "43. Special provision with respect to payment of wages during strikes and lock-outs (1) Notwithstanding anything contained in this Act or in any other law- (a) where any worker takes part in a strike, he shall not be entitled to any wages or other remuneration for the period of the strike, and any such period shall not count for the purpose of reckoning the period of continuous employment and all rights dependent on continuity of employment shall be prejudicially affected accordingly." 2. Judgment by a Court of competent jurisdiction In a judgment delivered on 5th August, 2008 in Lagos in Senior Staff Association of Nigerian Universities Vs Federal Government of Nigeria, the National Industrial Court Presided by His Lordship Justice B.B. Kanyip held inter alial "A strike, whether legal or not, falls squarely within the ambit of the said section and for which the strikers are disentitled from wages and other benefits envisaged by the section [section 43(1)(a) of the TDA]." 3. The Bible In 2 Thessalonians 3:10 Apostle Paul said, "For even when we were with you, we gave you this rule: “The one who is unwilling to work shall not eat.” (NIV). Secondly, I need to put our incarceration in the correct perspective. After Speaker Bankole sent us parking, we approached the Federal High Court in Abuja and on 2nd December 2010, the Court presided by His Lordship Justice Adamu Bello "ordered" that we be "readmitted and paid their salaries and allowances." We benefitted from a court judgment not from any gesture by Speaker Bankole or even the House of Reps. In addition to the forgoing, Section 43 of the Trade Dispute Act 2004 (earlier quoted), more precisely sub-section 1(b) provides that, "where any employer locks out his workers, the workers shall be entitled to wages and any other applicable remuneration for the period of lock-out and the period of the lock-out shall not prejudicially affect any rights of the workers being rights dependent on the continuity of period of employment." We did not choose to stay away from our jobs, like Mukan Nentawe E. Ritji rightly noted we were "sent parking out of the house" and became Persona Non Grata in the premises of the National Assembly. Thirdly, wherever it is establish that any government funds have been embezzled, the appropriate action in my view is to approach the court, we went to EFCC against Bankole, he is still in court. Proverbs 29:2 (NIV) says, "When the righteous thrive, the people rejoice; when the wicked rule, the people groan." The question arises in my mind, who are the people, who is "thriving" or "ruling" over this strike? Is it the government or labour? The people again to my mind are all the people including the vast army of unemployed youths, women, the aged including retired civil servants who are actually in the overwhelming majority but who are not privileged to be employed and therefore cannot declare any strike like the politicians and government workers. Fourthly, I believe verily that I am best placed among other Members of the National Assembly from Plateau State to speak for all. On Tuesday 22nd February 2011, I rose in stout defense of the Operation Rainbow on the floor of the House which my Hon Colleague then and now Sen Abdul Ningi desperately sought to stop. I believe that Operation Rainbow has among other created employment opportunities on the Plateau. Again, I rose on the floor specifically on the Tuesday 15th March and Tuesday 3rd May 2012 and succeeded in getting the House to unanimously order government to “immediately release the monthly allocation to the 15 affected councils, pursuant to the provisions of section 162 (5) of the 1999 constitution.” I am unable to recall (I stand to be corrected) that the NLC spoke let alone declared any strike against the 5 months ordeal of these were 15 LGAs including 4 on the Plateau who were starved of funds. Finally, like I said in my earlier posting, the minimum wage act over which the strike was declared is a valid law of the National Assembly, 55% has been negotiated and accepted by both parties. Equally, the Trade Dispute Act 2004 which provides for no work no pay is another valid law of the National Assembly, I believe it can be negotiated likewise hence my earlier posting wherein I said, " If for example after offering to pay October arrears, the workers decided to return to work for say only one month, who knows may be before the month lapses government would have been convinced to pay some more?" Again and again I continue to beg and plead with workers on the Plateau, please, please and please, return to work and continue with the struggle while at your duty posts. James Pam 7 hours ago James Pam Hon. Kaze, Well done. You are doing wht you must do. However, realize the following: (1) The law is an ass. You should ride it and labour should ride it too. Govt cannot ride it while it rides labour. (2) The strike was duly proclaimed starting in April. Two months proper notice was given by labour, thus making it a valid strike. (3) Strike action is a valid and a legally recognized tool that may be used by labout in the event of a trade dispute. (4) A court injunction coming six months after labour embarked on industrial action makes that injunction spurious. (5) The Labour Act provides that nobody can take a matter to the National Industrial Court except the Minister of Labour and Productivity. The NIC was wrong to entertain the plateau State Govt. (7) The matter at hand is a dispute and the NIC is supposed to be the final arbiter whom every party must obey. Yet the NIC shamelessly issues an ex parte motion and an and an order of injuctiion retraining labour from exercising their legal rights. (8) The dispute is on rights and not fresh demands. Ex parte ordrrs and injunctions will not work. The NIC Chairman, Justice Adejumo, has failed in his duties to this country. He issued similar orders during the January 2012 anti-fuel subsidy removal NLC strike and his orders were not respected. NLC seems to understand the laws of the land better than the honourable Justice in my opinion. (9) N18,000 minimum wage is equally a law in this country. Why has the State Govt not complied? Are other projects embarked upon like the N4 Billion 6th Govt House more important than compliance with the Minimum Wage Act? (10) You will agree now that State Govts have overbearing influence on Local Govt. The State Govt/LGovt joint Account constitutional provision is recipe for anarchy in LGs. The 774 LGs in this country are under strangulation. LG independence must be re-established by constitutional amendment by the NASS which you part now of. Pls do us the favour. (11) Yes. Labour should bend over backwards a little, but Govt should do same. Not labout alone. (12) You will now agree that labour matters should not be on the Exclusive List but Concurrent List for legislation. The Fed Govt shouuld not legilate on Min Wage and lump their decision on States that have different economic strengths. Again, help us, as a serving legislator, to amend this obnoxious constitutional provision. Thank you sir. Like · · Share Rachel Uhannan Malan likes this. Lean Damak Wow! What a piece you have brought out. 6 hours ago via mobile · Like · 1 Dachen Mangs Nanfwang Moses · 3 mutual friends Mr. James, you have said it all 6 hours ago · Like · 1 Lean Damak Wow! What a piece, well presented here. With this enlighten piece I appeal to Govt./Labour to take queue from this and come into compromise so that our children can go to school and our people can get health care again. Please both sides shift your ground for the sake of peace and tranquility. 6 hours ago via mobile · Like · 1 Shola Olufemi Gdmonin sir.....u've said it all....govt priority shld b based on human development......i pray his advisers will read dis & advise him well.God bless u sir 5 hours ago · Like · 1 Rachel Uhannan Malan · 24 mutual friends Idan mai illimi yayi magana sai kaji dabam a lamirinka. Mr James Pam,thank God for people like you who still stand for the truth. Please serch Dara's name online and post this piece on his page,it will get to him. You can also send it through Yeipyeng Musa on fb. Thank you Sir and God bless. 3 hours ago via mobile · Like