Labour_Relations_and_Human_Development_Implications_of_Unstable_Academic_Calendars_in_Nigerian_Universities

Labour Relations and Human Development Implications of Unstable Academic Calendars in Nigerian Universities By Akinde, Sunday Israel Department of Sociology Adekunle Ajasin University Akungba, Akoko, Ondo State, Nigeria. E-mail: aktrust@yahoo.com Tel: 0805-4664751 $ 0706-8460643 Abstract Universities in Nigeria have over the years struggled to maintain stability in their academic calendars without much success. This has resulted in operating the academic calendars from behind or outright cancellation in order to adjust to current academic session. A random selection of 60 executive members of ASUU from 37 universities cutting across universities in the six geopolitical zones in the country indicates unresolved University-ASUU crises as single major factor responsible for disruption in academic calendars. Analyses further reveal that dragged academic sessions have generated unintended consequence of unutilized annual leave resulting in stress, depreciated health, and substandard intellectual renewal of academic staff together with crashed academic programmes, and yearly turning out of half-baked graduates. All the above smack of labour relations problems and negative indices of human development. It is therefore suggested among others, that, a Resolution of the National Executive Committee (NEC) of ASUU be established, in consonance with the already existing ILO and the Nigerian Labour Law provisions on the issue in order to enforce a compulsory annual leave for members nationwide. Key Words:* Labour Relations * Human Development * Human Capital * Conflict INTRODUCTION The last two decades have witnessed high incidence of unstable academic calendars in the Nigerian Universities. The instability, no doubt, has contributed immensely to reduction in quality service delivery and perennial decline in educational standard in the country. Quality and standard will be compromised when the curriculum is often crashed for the purpose of catching up with time. After the strike, both students and lecturers are in a rat race, sometimes, to conduct examinations disrupted by the strike. At some other times, to meet deadline for submission of names for the one year mandatory service (The Nation, 2009: National Association of Nigerian Students., 2009; Gulloma, 2009). Time schedule is of great essence in planning, forecasting and implementation of set objectives (Bergkvist, 2010; Kakkad, 2006).It is common to note the commitment and the devotion demonstrated by the National Assembly and the Executive in addressing grey areas and resolving differences in the early passage of the annual budget. Delaying the passage of annual budgets in Nigeria have resulted in distortions in the fiscal year plans, estimates, economic indicators and programmes not only in the public but in the private sectors of the economy. The above scenario is not in any way different from the negative effects of unstable academic calendar on the Nigerian university system. Man-hour periods and human capital impute lost through unresolved crisis resulting, in most cases, in strike actions between the Employer (the federal or state government and/or the university council) and the Academic Staff Union of Universities(ASUU)), often result to negative consequences for labour relations and human development in the academia (Nigerians in America 2010). While labour relations issues have direct effect on the academic staff, human development issues, on the other hand, affect both the students and their lecturers. A holistic human development view is necessary for a virile educational system for sustainable national development. Where the development paradigm is only system-biased, not only the students that suffer, the quality service delivery by lecturers also declines. The nature of labour-management relations in the Nigerian universities for about two decades now tends to portray a classical capitalist mentality which emphasizes goal attainment without commensurate commitment to the life of those who do the job, especially with regard to labour renewal and maintenance. It is not sufficient, for example, to earmark money, annually, for conference and research. The question which often comes to mind is: how much of such fund is eventually accessed by the academic staff for such purposes when they hardly have any breathing space for efforts towards personal development as they have to work session-in, session-out except on public holidays' This, mainly, has been the indirect consequence of prolonged and unresolved Employer- ASUU crises. A very crucial aspect of labour relations is the ability of the employer to arrive at early and speedy process of conflict resolution to forestall situations of unresolved crisis that snowball to strike actions. More often than not, the Employer’s failure in this respect has occasioned incessant strikes in different forms resulting in the universities routinely struggling with adjustment of their calendars without much success. The situation has led to unintended consequences of unutilized annual leave by academic staff in some universities, stressed and exhausted academics, depleted intellectuals owning to lack of constant physical and mental rejuvenation, repetitive and substandard lecture notes that keep no pace with trends in the course area, moribund personal research efforts and annual milling out of half-baked graduates. The chocked time for any quality academic work becomes more worrisome in universities running part-time programmes where more academic demands compete for little or no time left for the lecturer. A sincere inward search by such lecturers would indicate a substandard lecture delivery that portends great dangers to human development. From here, the paper is structured as follows: Conceptual framework and clarifications, theoretical viewpoints, data and methods, analysis and discussion, conclusion and recommendations Conceptual Framework and Clarifications This study rests on the framework of two major concepts of labour relations and human development. Labour relations is considered under the related concepts of contract of employment, strike, and annual leave. Human development on the other hand is considered under the related concepts such as human capital and quality standard scholarship. Labour relations refers to any relationship on conditions of service between management and workers, usually workers union of an organization. This relationship has the potential to greatly influence the distribution of power between workers and the management and shapes the way, for example, the goal of a university system is realized or subverted. Chapter 198 Paragraph 7 subsection 1 of the 1971 Nigerian Labour Act (The Labour Law) provides that: Not latter than three months after the beginning of a worker’s period of employment with an employer, the employer shall give to the worker a written statement specifying that(sic) particulars of the employer the particulars of the workers and terms and conditions relating to: (i) Hours of work or (ii) Holidays and holidays with pay, or (iii) incapacity for work due to sickness or injury including any provisions for sick pay and any special conditions of the contract The above which forms part of the contract of employment are usually embodied in an employment handbook, in Nigeria. This constitutes the platform of labour-management relations, even for Nigerian universities. The annual leave aspect of contract of employment concerns the ensuing analysis. Nigerian Labour Law in consonance with the International Labour Organization (ILO) in which Nigeria is a member, requires that every employee in Nigeria, who has been on the employ of an employer for a continuous period of 12 (twelve) months, is entitled to a holiday with full pay of at least 6 (six) working days pay. The Labour Law recognizes that it may be necessary for an employer and its employee to, by mutual consent defer an employee’s annual holiday but this holiday must still be taken with pay. Deferment of annual leave in such cases is on the condition that the cumulative leave is not extended beyond a 24 (twenty four) month period of the employee being in the employer’s continuous employment (Oserogho, 2006). It is an illegal act for any employer to commute annual leave to cash for an employee. This is because the law envisages the labour relations and human development implications of such act (Oserogho, 2006). The academic staff annual leave experience in Nigeria, is that of outright neglect and/or non-observance due to session- in, session-out activities occasioned by the often disrupted academic calendar. In some universities in the country, deferment is not yet institutionalized and where it is even recognized, the statutory extensions limit of 24 months, is not observed. In the Republic of South Africa, the extension limit whereby the annual leave of an employee could be delayed is 18 eighteen months (South Africa Employment Act (No.75) 1997). However, in Ghana, deferment or any other arrangement that could prevent the observance of annual leave by an employee is not recognized by law (Ghana’s Labour Act, 2003). Empirical evidence conforms that a good number of academics in the Nigerians universities have never gone on annual leave after eight years or more of assumption of duty as lecturers. For the non-academic staff, non- observance phenomenon does not arise. The lecturers work directly with the students and if the university calendar which dictates when one session terminates and another begins, drags, due to strike actions which have now become perennial, how does labour observe a long moment of work rest and mental renewal necessary for quality service delivery in the academia' This is where the issue of human development comes into the picture. The concept of human development has been viewed by the United Nations Development Report (UNDR, 2009) as: A development paradigm that is about much more than the rise or fall of national incomes. It is about creating an environment in which people can develop their full potential and lead productive, creative lives in accord with their needs and interests. People are the real wealth of nations. Development is thus about expanding the choices people have to lead lives that they value. Fundamental to enlarging these choices is building human capabilities the range of things that people can do or be in life. The most basic capabilities for human development are to lead long and health lives, to be knowledgeable, to have access to the resources needed for a decent standard of living; Without these, many choices are simply not available, and many opportunities in life remain inaccessible. Enlarging people’s choice and building their capabilities to enhance the range of things that they can do or be in life, impact on the related concept of human capital. Human capital refers to the stock of competence, knowledge and personality, attributes embodied in the ability to perform labour so as to produce economic value. It may further be defined as the practical knowledge and skills and learned experiences that make individual productive especially at work (see also Perreira, Harris and Lee, 2006). Adam Smith (1776) also emphasizes education and experience in acquiring human capital development. From the foregoing, human capital is viewed as a subset of human development as there cannot be real development of things in a sustainable sense without the development of people. In this paper, it is argued, that human capital development is in the danger of demise in the Nigerian Universities due to lack on adequate time to prosecute meaningful research work and personal development that move the frontier of knowledge needed for self – actualization, not only by the academic but by those who are trained by him.(Marshall, 2010). The variable of human capital mediates and builds synergy between quality standard scholarship necessary for the student’s human capital development and the humane labour relations exemplified in regular experience of long labour rest through annual leave. Since the late 1980s, the usual long sessional break between July and September of every year for the Nigerian Universities, has long disappeared except, in the private universities whose workforce is not yet unionized and where unresolved Government-ASSU crisis, do not occur. THEORETICAL VIEWPOINTS: Basis of Unresolved Crises The underlying cause of the unresolved and patently perennial crises between the federal government and ASUU is the conception of industrial relations approach being adopted by the government (Ejumudo, 2009). Types of approaches dictate the ensuing mode of relationship between parties. Several perspectives, which include the unitary, pluralist, Marxian and systems approaches, to mention just a few, liter the literature. However, only the first three will be succinctly examined in this study. The unitary approach assumes that in every organization there exists a common purpose thus emphasizing mutual cooperation. It is based on a paternalistic conception as government or the management demands loyalty of the other parties, especially labour, in the industrial relations system. Here, unionism or union agitations are considered unnecessary since the employer knows and centrally manages what everyone needs. Conflict is perceived as being disruptive and the pathological result of agitations. The pluralist perspective conceives organizations as consisting powerful and divergent sub-groups with vested interests. Here government or the management prerogative and labour interests are recognized. This perspective enables the employer to rely more on persuasion and coordination rather than enforcing and controlling (Fox, 1972). Conflict is recognized and institutionalized (Dahrendorf, 1959) through process of collective bargaining. Conflict is seen as channels of evolution and positive change. The Marxist approach sees the problem of power inequality in the capitalist system as essentially conflictual. Here, conflict is viewed as inevitable while trade unions are a natural response of workers to their exploitation by capital. By application, the three approaches are relevant in this study, first the unitary conception of the federal government or a unitarist university management often likes to dictate direction of issues in labour management relations. Such university managements views conflict as absorb always threatening sanctions against agitating lecturers. In such situations, the unitarist employer or government resorts to taking court retraining injunctions to deter workers strike actions. In the case of annual leave such managements would say “we are looking at your request’ or ‘as soon as the situation improves’. And where such university management has strong influence on the government, it employs that vantage position to collaborate with the government in power to keep local ASUU branch at bay. This is typical of Professor Jelili Omotola, former Vice Chancellor of University of Lagos during General Sanni Abach’s military regime. This is still very common today. The government or university management that holds the pluralist ideology of recognition of union’s power and interest often sues for dialogue and round table to discuss and iron out areas of differences rather than allow such to degenerate to unresolved crisis which often give rise to strike action that distrupts academic calendar. The radical/Marxian thesis has its relevance in the labour relations system. A carefully moderated radical posture is necessary to avoid being bought over either by the government or smart university managements. More often than not, this forms the basis for ASUU struggle loses at branch levels. Often times, negotiations are entered into and agreements are reached, but the Employer or management becomes insincere in the implementation of signed agreements. These are some of the reasons for non-utilization of annual leave across universities in the country. Data and Method A survey of 60 participants at the last ASUU NEC meeting held at the University of Calabar, between 19th and 20th September, 2010, was conducted to elicit more mature information across universities. Breakdown of 60 respondents representing 37 universities and cutting across the six geopolitical zones in the country feature in Table 1 below. Instrument of study is a 14-item questionnaire which sought to elicit information mainly on their sex, institutional affiliation, year of first appointment, their annual leave experience, arrangement in place in their respective institutions on annual leave of academic staff, etc. Analytical strategy adopted remains the simple descriptive statistics in analyzing the data collected, to empirically demonstrate the various issues raised in the study. Analysis and Discussion Sixty (60) out of ninety (90) questionnaires administered were completed and returned. The respondents are represented in 37 universities across the country. The list of the universities and their respective respondents are found in Table 1 below Table 1: List of Universities of Afflation of Respondent S/N UNIVERSITIES LOCATION RESPONDENTS 1 University of Port Harcourt Port Harcourt 3 2 Enugu State Univ. of Sci and Tech Enugu 2 3 Obafemi Awolowo University Ile-Ife 1 4 Othman Danfolio University Sokoto 1 5 Federal University of Technology Yola 2 6 Federal University of Technology Minna 1 7 Kano University of Sci. and Tech. Kano 1 8 Cross River University of Sci and Tech Calabar 3 9 Bayero University Kano 2 10 River State University of Sci and Tech Port Harcourt 3 11 University of Maiduguri Maiduguri 3 12 University of Agriculture (UNAAB) Abeokuta 2 13 Olabisi Onabanjo University Ogun State 2 14 Federal University of Tech Yola 2 15 Federal University of Tech Akure 2 16 Federal University of Tech Minna 1 17 Federal University of Tech Owerri 1 18 University of Benin Benin 4 19 Ladoke Akintola University of Tech Osun State 3 20 University of Abuja Abuja 1 21 Evans Enweren University Owerri 1 22 Buka Abba Ibrahim University Damatura 1 23 Kogi State University Ayungba 1 24 Enugu State University Enugu 1 25 Ibrahim Badamosi Babangida University Minna 2 26 University of Uyo Akwa Ibom 1 27 Anambra State University Uli 2 28 University of Calabar Calabar 1 29 Adekunle Ajasin University Akungba 1 30 Tai Solarin University of Education Ijebu-Ode 1 31 University of Ado-Ekiti Ado-Ekiti 2 32 Niger Delta University Bayelsa 2 33 Delta State University Abbraka 1 34 Ahmadu Bello University Zaria 1 35 University of Lagos Akoka 1 36 Benue State University Markurdi 1 37 University of Jos Jos 1 Source; Field work, September 2010. The data reveals that only 10% are females as against 54% that are men, Majority of the respondents fall within the oldest length of survive bracket of 18 years and above; the intermediate bracket of 10-17 years at 52% and the youngest bracket of 1-9 years at 13%. The distribution indicates a possibility of more mature information. In Table 2 below, 75% indicates unresolved Employer-ASUU crises constitute major factor in strike actions. Management laxity is responsible for the remaining 25% while other reasons have no impact on the study. Table 2: Major Factor in Strike Action in Nigerian Universities. Factors Responsible No. of Respondents Percentage ASUU – Government Crises 45 75 Management and Laxity 15 25 Total 60 100 Source: Field Work, September, 2010 An empirical observation of strike actions since the last two decades is skewed towards Employer’s intransigence. There are times the council and/or the management also complicate issues regarding implementation of joint agreement negotiated. Some Universities, e.g. Lagos and Anambra State Universities are currently on strike arising from non-implementation of 2009 re-affirmed agreement between Federal Government and ASUU. While some universities have commenced implementation, crisis still looms owing to refusal of some University councils and management to pay arrears. When would disrupted academic sessions abate in such Universities' Or how else do we explain the ASUU call for solidarity strike in support of all state universities, on the same issue. In support of this section, Table 3 below indicates that prolonged or dragged academic calendar characterize such strike situation as 87% of the respondents speak in agreement, as against the partly 13 % who disagreed. Table 3: Propensity of Prolonged Academic Session arising from Strike Action Responses Number of Respondents Percentage Yes 52 87 No 8 13 Total 60 100 Source: Field Work, September, 2010. Table 4: Show the pattern of annual leave experience of academic staff in Nigeria universities. Table 4: Pattern of Annual Leave Experience by Academic Staff Pattern Number of Respondent Percentage I have no annual leave experience at all 24 40 Regular 7 12 Irregular 29 48 Total 60 100 Source: Field Work, September, 2010. On the experience of academic staff concerning leave, Table 4 above indicates 48% of the respondents lay claim to irregular annual leave experience, 40% of the lecturers do not even experience annual leave at all. Only 12% made a regularity claim about their annual leave. Table 5 further reveals how managements in various universities handles the issue of annual leave or it’s accumulated, if it is even recognized at all. Table 5: Recognitions of accumulated annual leave by academic staff Nature of Responses No of Respondents Percentage Recognized 16 27 Not Recognized 44 73 Total 60 100 In Table 5 above, about three-quarters of lecturers reveal that the arrangement whereby staff later claim unspent annual leave is not place in their universities. Only a little above one-quarters admit that they do. General patterns indicate poor management attitude accounts for non recognition as well as irregular experience of annual leave across universities. Some lecturers report that their management is still looking at it. For some, management promises a good deal whenever the academic calendar is restored. It is more worrisome to write some sharp and illegal acts of some management, in that they commute academic staff annual leave to cash. For a worker to report that since he joined the academia, some 10 years ago, for some, even more, has not gone on annual leave, it is a break of the Nigerian Labour law mandatory leave not longer than 24 months of continuous service to the employer (Nigerian Labour Act, 198, 1971). Table 6 below itemizes the effects of work in, work-out on the academics in the Nigerian universities. Table 6: Effects of Unstable Academic Calendar and the Non-Observance of Annual Leave on Both Lectures and Students. Nature of Effects No. of Respondents Inability to observe annual leave 35 Physical and emotional stress 42 Failing Health 24 Hindered personal academic development e.g. attending conferences journal article writing etc 36 Disturbed observance of sabbatical leave 2 Inadequate operation for lecture results in lack of confidence 3 Low quality service delivery results in substandard scholarship 22 I wish I leave the system for all these 5 Source: Field Work, September, 2010. Respondents were asked to tick as many as they wish from the list above. While some tick some items, others prefer to tick all. That accounts for while the total score cannot be based on the grand total (60) but on item by item. Physical and emotional stress scores 42%, as highest in highest response. Female respondents complain more of this. Public and Commercial Services Union (PCSU) (2010), a Non-Governmental Organization based in the United Kingdom defines stress as “the termed used to describe what occurs when pressure becomes unimaginable. When it persists, according PCSU, over time, significant ill-health such as high blood pressure, increased risks of stroke, heart attack, ulcer, colitis, and other mental health diseases can result. PCSU maintains that 60% of all work absences are stress-related. In its counsels, “Take your annual leave” is the antidote. PCSU further stress that ‘workers need this time away from the workplace to recharge their batteries’ Failing health may not be so much of lack of adequate financial resources as lack of rest. This accounts for 24% of the respondents. Hindrances to personal capital development accounts for 36% of the respondents. Some 2% of respondents report disrupted sabbatical leave; 3% report their use of the same lecture notes for a long time; 22% support low quality lecture delivery results in substandard scholarship, while 5% wish to quit lecturing for lack of sufficient time for personal project. CONCLUSION: Crisis Resolution, Collective Bargaining and Negotiation The pluralist perspective has not only recognized the presence of conflict but has provided means for proper channeling of conflict towards its resolution. For an effective Employer-ASUU conflict resolution, the following are important: a. The Unitarist mentality of the government is to be downplayed. b. Need of powers for political commitment on the part of government negotiators c. c. Mistrust shared by both government and ASUU on issues is to be relaxed. d. Regional division sometimes noticed in the ASUU itself on critical issues affecting the education in the country is to be jettisoned. e. The divide and rule tactics often noticed in the government as it asks ASUU negotiate with their respective councils and state governments is to be removed. The unitary conception of the government is a major underlying obstacle to negotiation in the Nigerian tertiary sector (Ejumudo, 2009). This mentality has always been adduced by ASUU and other segments of the civil society as bane of early and proactive conflict resolution process. Although this posture of the government has always provided a platform of social solidarity for ASUU struggles over the years, it has also done more harm than good. Collective bargaining which has been validated by many ILO (2006) conventions and recommendations as veritable tool in the modern democratic and pluralist society, must be institutionalized. ILO’s instruments supporting inevitability of collective bargaining are legion, the significant of which are the following: - The Right to Organize and Collectively Bargaining Convention (1948), No. 49. - The Collective Bargaining Recommendation (1950), No. - The Collective Bargaining Convention, (1981) No. ……. Convention 154 (ILO, 2006) is legally binding on Nigeria because Nigeria has ratified it. This thus, Nigeria has assumed the obligation of promoting the use and development of collective bargaining in the country. Collective bargaining must be recognized by the government not only on paper, but as a means of harnessing the energies of workers in national in economic and social development (Fashoyin, 1989). Negotiation for the purpose of this paper is a process in which two or more parties that have different preferences must make a joint decision and come to an agreement. The employer wants results but in most at the expense of labour, hence, the interest of these two parties is at cross- purposes. The following are required to resolve conflicts in the Employer – ASUU relations; i. openness with each other – The government is often guilty of this if we recall the experience of ASUU when government attempted to obtain a World bank loan to fund tertiary education in the country. ii. willingness by both parties to maintain flexibility. The claim by ASUU over the years have been on the continuous side of African minimum but modalities for implementation requires some flexibility on the part of ASUU though the claims might have been long overdue. Policy Recommendations In view of the findings and conclusions of this research, the following recommendations are hereby suggested for an effective realization of a more proactive labour management relations and human capital development in the academia. 1. There is the need for a Resolution of ASUU NEC that ensures a mandatory observance of annual leave by members on a regular basis 2. ASUU is to review the guidelines for local branch election of officers that prevent the emergence of management stooges who latter compromise ASUU stand on issues. Effective unionism favours leftist posture based on democratic and pluralist principles as opposed unitary/ conservative ideology. 3. ASUU NEC to mandate a branch workshop comprising academic staff, all principal officers of the university and relevant staff from the Bursary. on this condition of service. A seasoned resource person, highly respected in the industry is to be invited, to provide necessary sensitization on the issue. This will educate members as most members display ignorance on the issue. The study has further shown that the management is not ready to enlighten staff on this condition of service for fear of its cost. The principal officers and relevant bursary staff present at such workshop will be forced to provide insights on university provisions on it as well. 4. There is need for an attitude change by both parties from the traditional do-or- die posture towards recognition of either party as partners in progress. REFERENCES Bergkvist, E (2010), The Value of Time and Forecasting of Flowsin Freight Transportation. erik.bergkvist@econ.umu.set Darhendorf, R (1959), Class and Class Conflict in Industrial Society, Routledge and Kegan Paul Limited. Ejumudo, K. R (2009), Industrial Crisis in the Nigerian public Sector: An Assessment of the ASUU/GG industrial Conflict in Nigerian Universities. Journal of Nigerian Sociological Society,Number 1 and 2. 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