An Assessment of the Regulation of Collective Bargaining Under the Trade Unions Act in Rivers State

Collective bargaining is a fundamental labour right recognised under Nigerian law and international instruments, yet the practical effectiveness of collective bargaining mechanisms in Rivers State, South South Nigeria, particularly in the oil and gas and maritime sectors, remains contested. This study assesses collective bargaining regulation under the Trade Unions Act, the Labour Act, and the National Industrial Court rules in Rivers State. Fieldwork interviews were conducted with representatives of 12 trade union branches, five employers, and three National Industrial Court judges in Port Harcourt. Documentary analysis of 25 collective bargaining agreements filed with the Federal Ministry of Labour between 2020 and 2023 was also undertaken. Results indicate that collective bargaining coverage has declined due to employer strategies of casualisation and the use of labour contractors, which fragment the workforce and weaken union recognition claims. The National Industrial Court has, in recent decisions, affirmed the right of casual workers to union membership, though enforcement remains inconsistent. The study concludes that the legal framework supports collective bargaining in principle but is undermined by structural labour market changes. Recommendations include strengthening union access rights at oil industry facilities, applying the joint employment doctrine to labour contractor relationships, and reforming the National Industrial Court to reduce case backlog through expedited procedures for bargaining impasse cases.

Keywords: collective bargaining, Trade Unions Act, Rivers State, National Industrial Court, oil and gas