Court docket validates Maritime Employees’ Union as genuine union for clearing, forwarding companies
His Lordship, Hon. Justice Zaynab Bashir of the Nationwide Industrial Court docket, Portharcourt Judicial Division has declared MARITIME WORKERS UNION OF NIGERIA as the suitable union to unionize staff or individuals engaged by clearing and forwarding companies for the aim of haulage of containerized items.
The Court docket held that by the provisions of the Structure and the Commerce Union Act that the members of the Maritime Employees union can’t be managed by the NATIONAL UNION OF ROAD TRANSPORT WORKERS in no matter kind, and can’t compel their members to grow to be its members.
Justice Zaynab additionally granted an order of perpetual injunction restraining the NURTW both by itself, brokers, appearing or purporting to behave on its behalf from demanding charges, dues, tolls or any funds in anyway from the Maritime Employees union members, or in any method in anyway coercing or compelling the members to pay any dues to them.
From truth, the claimant- MARITIME WORKERS UNION had averred that someday in 2011, the Defendant-NURTW began forcing and coercing the members within the haulage unit to pay dues and to grow to be their members which have been resisted, and additional submitted that by regulation, NURTW can’t compel any one who subscribed to membership of their Union to belong to the Defendant’s union, sought amongst others for a declaration that the act of the NURTW and its members in blocking and harassing their members is illegitimate, unconstitutional and wrongful; and the sum of 1 Million Naira common damages.
In protection, the Defendant- NURTW maintained that for the reason that clearing and forwarding brokers have interaction the member of the Haulage Unit of the Union and problem receipt to such members is illegal that it’s their Union and its members that has the statutory energy to have interaction within the enterprise of transportation of products and passengers in Nigeria whereas the obligation of the Claimant-Maritime Employees is proscribed to the carriage of products within the maritime atmosphere solely.
Moreover, NURTW Counsel, Martin O. Nwabali Esq added that no commerce dispute between the Claimant and the Defendant urged the Court docket to strike out the swimsuit for need of jurisdiction and grant the counterclaim.
In opposition, the claimant’s counsel Awa Ndubuisi with E.I. Ikwuebesi maintained that the Court docket’s has jurisdiction to entertain the matter, urged the court docket to grant all of the aid sought.
Delivering the Judgment, the presiding Decide, Hon. Justice Zaynab Bashir assumed court docket jurisdiction and held that each unions jurisdictional scopes don’t expressly accommodate haulage drivers who convey containerized items from Sea Ports.
“Nonetheless, upon taking the overall nature of the work of the Haulage drivers who convey containerized items from Sea Ports to the respective homeowners into consideration, I’m inclined to assessment each jurisdictional scopes of the Claimant and the Defendant to find out which of the 2 unions can certainly accommodate the mentioned haulage drivers.
“The Defendant union can solely accommodate staff concerned within the transportation of particular person and items by street. Additionally it is not empowered to unionize individuals who’re transporting petroleum merchandise and transportation undertaken by self-employed individuals.
“In different phrases, the jurisdictional scope of the Defendant union is to be restrictively interpreted and by so doing, any employee who’s endeavor transportation as self-employed can’t be unionized by the Defendant.
Lastly, the court docket refused the claimant declare on harassment and dismissed the counterclaim for missing benefit.
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