Are the NYSC Members to Participate in the Strike Action as Embarked Upon by the NLC? – Oluwatosin Damilola Mese, Esq.
On the 25th day of September, 2018, The Nigeria Labour Congress issued a letter titled COMMENCEMENT OF WARNING STRIKE with the reference number NLC/NS/W.S/2018 directing that representatives of Organised labour, after due consultation and meetings have agreed that all unions and civil society Allies should embark on a warning strike as from midnight of Wednesday 26th day of September, 2018.
This article purports to determine the extent to which Corps members are affected by this strike action as embarked upon by the Nigeria labour Congress.
Section 31 Of the Trade Unions Act provides particularly in subsection (6)(a) that:
“No person, trade union or employer shall take part in a strike or lock-out or engage in any conduct in contemplation or furtherance of a strike or lock-out unless—
(a) the person, trade union or employer is not engaged in the provision of essential services
it can be inferred that any person in “essential services” cannot participate in a strike action.
It is important to note the categorization of essential service as set out in Section 7 (interpretation) of the Trade Disputes (essential service) Act:
“Essential Service” means – the public service of the Federation or of a State which shall for the purposes of this Act include service, in a civil capacity, of persons employed in the armed forces of the Federation or any part thereof and also of persons employed in an industry or undertaking (corporate or unincorporate) which deals or is connected with the manufacture or production of materials for use in the armed forces of the Federation or any part thereof;
Although “persons employed in the armed force or any part thereof” are expressly mentioned and not corps members, by section 2(2) of the NATIONAL YOUTH SERVICE CORPS ACT which makes provision for Calling-up of members of service corps thus:
“Notwithstanding the provisions of subsection (1) of this section, with effect from 1 August 1985, a person shall not be called upon to serve in the service corps if, at the date of his graduation or obtaining his diploma or other professional qualification—
(a) he is over the age of thirty; or
(b) he has served in the armed forces of the Federation or the Nigeria Police Force for a period of more than nine months; or
(c) he is member of staff of any of the following, that is—
(i) the Nigerian Security Organisation; or
(ii) the State Security Service; or
(iii) the National Intelligence Agency; or
(iv) the Defence Intelligence Agency; or
(d) he has been conferred with any National Honour”
It therefore suggests that being a corps member is likened to being in the armed force or any part thereof.
Against this backdrop, it is concluded that without prejudice to the good intention sought to be achieved by the strike action and situations at Place of primary assignment, Corps members are in essential service and therefore cannot participate in the strike action.
At Newswire, we present the world of law and the issues that engage them. This edition is yet again, ‘Mind-blowing’. Go get your copy(ies) Now!
Do you need to be heard? Or your articles published? Send your views, messages, articles or press release to: newswiremagazine@yahoo.co.uk >>> We can cover your (LAW) events at the first Call: 08039218044, 08024004726
-Advertisement-
Grab our latest Magazine, "Hon. Chief C.O.C Akaolisa gets justice". Get your order fast and stress free.
For more details about Newswire Law&Events Magazine, kindly reach out to us on 08039218044, 09070309355. Email: newswiremagazine@yahoo.co.uk. You will be glad you did
