The Senior Staff Association of Statutory Corporations and Government-Owned Companies (SSASCGOC) has cautioned the Nigerian Labour Congress (NLC) against actions that could trigger a labour dispute at the Industrial Training Fund (ITF).

The association expressed concern about attempts by the Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees (AUPCTRE), an NLC affiliate, to claim officers at Grade Level 07 and above.

In a statement on Tuesday, Acting General Secretary Akin Okudero explained that several court judgments, including a Court of Appeal ruling in July 2023, have clearly defined the jurisdiction of the two unions.

He said that while AUPCTRE represents junior staff at Grade Level 06 and below, SSASCGOC represents senior staff in statutory corporations and government-owned companies.

The union commended ITF management for adhering to the law by remitting union dues only for legitimate AUPCTRE members and refraining from deductions for senior staff to avoid breaching the court order.

Okudero said, “Our member organisation, ITF, in compliance with the Court of Appeal Judgement of 2023, which finally and in accordance with the jurisdictional scope of SSASCGOC and AUPCTRE, decided to be neutral by not coercing any level 7 officer to join SSASCGOC, but restrained itself from flouting the court order by remitting check-off dues to neither of the two unions.

“It is a trite principle that SSASCGOC’s operations are legally based on its registration as an Association under the Trade Union Act of Nigeria.

“The Trade Union Act CAP T.14 of 2004, Third Schedule, PART B, Section 34 (3), aptly prescribes AUPCTRE’s scope, while PART C of the Act spells out SSASCGOC’s scope, together with the Association’s Constitution and Bye-Law, which define the workers the two unions can organise.

“By several court judgements, SSASCGOC ‘Ipso facto’ is affirmed by the National Industrial Court as the appropriate Union for senior staff in statutory corporations and government-owned companies in Nigeria.”

The association accused AUPCTRE of lobbying the Federal Ministry of Industry, Trade and Investment to intervene in a matter already settled by the courts, insisting that no ministry has the power to overturn judicial decisions.

The union noted that freedom of association, cited by the NLC and AUPCTRE, is not absolute and must operate within the legal framework established by the Trade Union Act and confirmed by the courts.

“What is sacrosanct is that level 07 officers and above cannot be members of AUPCTRE. Hence, the claim to own deductions from the officers from the Industrial Training Fund is untenable and unsustainable in law. Not even in any member organisations of SSASCGOC.

“We are aware that the Industrial Training Fund has consistently remitted to AUPCTRE the check-off dues of their legitimate members who are officers on level 6 and below.

“Section 40 of the Constitution of the Federal Republic of Nigeria, which the leadership of NLC/AUPCTRE is quoting, is not absolute but a qualified right. This same argument was presented before the courts, and due diligence was done by the court to affirm that the position is not absolute.

“We expect a labour centre like NLC, and its affiliates, to be better educated on this legal position. We demand that the Nigerian Labour Congress should operate within the ambit of the Nigerian Constitution and not be stampeded by any of its affiliates to cause disharmony between the two Labour centres (NLC AND TUC).”