Aeropolitics, Aviation

Nigerian workers declare emergency in aviation sector

Sen. Hadi Sirika
Minister of Aviation
Aviation unions in Nigeria have declared a state of emergency in the sector of the economy.
Speaking at a joint press conference held on Wednesday at the Secretariat of
Federal Airports Authority of Nigeria (FAAN), Chapter of Air Transport Services Senior Staff Association of Nigeria (ATSSSAN), Murtala Muhammed Airport, Lagos,  the unions in their nine point grievances stated that since government agencies and other employers of labour in the sector have decided to play down labour related issues when taking decisions, there is the compelling need for them (unions) to take decisive actions against these unpardonable assaults on the rights and sensibilities of aviation workers throughout Nigeria.

The unions said, “Accordingly, we shall be moved to apply maximum might of our unions combined, with the full support  Nigeria  Labour  Congress (NLC) and Trade Union  Congress (TUC), in dealing with the various nefarious activities by individual aviation companies, agencies and establishments, each according to individual letters they will receive from us severally or jointly.

“Importantly, we equally serve notice hereby that our unions will give full effect to the two weeks ultimatum given by the NLC to the various entities to comply with labour laws or face the consequences of their actions.”

The unions said they had to make their grievances known to the public because of the strong need to alert the travelling public and airport users that airport operations might become seriously constrained as a result of actions they would be compelled to take in defence of their hapless members who are being mercilessly and recklessly abused to no end

They enumerated their industry-wide grievances as follows:-

Conditions of Service for the unions claimed thatNegotiated Conditions of Service of the workers in Nigerian Airspace Management Agency (NAMA), Federal  Airports Authority of Nigeria (FAAN), Nigerian  Civil  Aviation  Authority (NCAA) and Nigerian Meteorological Services (NIMET) have been lying fallow – wholly or partially unattended by either, or both, the Salaries and Wages Commission and Office of the Head of Service of the Federation – for upwards of seven (7) years; within which period there ought to have been about three (3) turnovers of the documents.

Minimum Wage: The unions claimed that since the Minimum Wage Act was signed into law and taken effects, only two of six aviation agencies have implemented the new wage while workers in other public sector have been benefiting from it since 2019

They claimed further that all efforts on  their part to implement the Act in NAMA, NCAA, FAAN and AIB have proven futile so far.

Relocation of Headquarters of Agencies from Lagos to Abuja

While the unions recognised the rights of the Federal  government to determine the appropriate location of its agencies, they said  that the government had been alerted to need to be circumspect in pursuing this particular objective at this particular time. They pointed out the present crisis of COVID-19, the absence of budgetary provision for most, if not all the agencies in the current budget cycle, the unavailability of office buildings in Abuja, among other issues, however insisted that  the vexing issue of refusal of the various managements of the agencies to engage with them on the labour implications of the relocation has become a new crisis point. Claiming their responsibility to the affected workers of concerned agencies, insisted that their genuine rights and interests with regard to relocation are adequately protected. Insisted that they  will not shirk that responsibility.

On COVID-19 Intervention Fund the unions said despite pronouncements of the
Federal Government on  intervention fund of $50billion and recently, the FEC approved N2.3 trillion intervention fund to assist businesses cope with the economic devastation occasioned by the pandemic, aviation is yet to be impacted by these interventions despite the industry being the most negatively impacted by COVID-19 causing all the aviation companies  to remain in dire economic straits.

The unions which expressed their fear in the uncertainty that beclouds the modalities for application of the intervention funds said, “we have severally brought government’s attention to the recommendations of the International Labour Organisation (ILO) in partnership with the International Transport Workers Federation (ITF). The recommendations are that Government is expected to:
recognize aviation as a public good that warrants strong government regulation and oversight, planning, investment, and public ownership
establish national and tripartite aviation bodies of labour, government and employer representatives to develop strategies, coordinate investment and financial responses, plan the supply of labour, and oversee all aviation operations
extend sick leave entitlements, maintain incomes and extend social protections to all workers, including formal, precarious and informal workers, regardless of status of employment
reduce subcontracting and outsourcing services and jobs and, where appropriate, mandate airport authorities to directly manage and/or employ all airport staff, including outsourced and agency workers, cleaners, etc.
offer conditional relief and support services to airlines, airport authorities and supply chain companies, including through debt relief, delays to tax and duties, and public ownership of shares;
agree conditions for these financial and support packages, including on the private repurchase of shares following the recovery of the industry that:
Protects the pay, terms, conditions and welfare of all aviation workers;
Prohibits share repurchases, shareholder rewards and excessive executive pay;
Democratizes ownership and governance, including through worker representation on the company board;
Respects ILO Conventions regarding freedom of association, collective bargaining, forced labour, discrimination, and occupational health and safety for all workers;
Cap profit levels to ensure reinvestment into debt reduction, fleet modernization, staff training and education and other measures that enriches the company; and,
Prohibit shareholder rewards, excessive executive pay and share repurchases during the crisis.

“we are apprehensive that should government deviate from this well thought-out and comprehensive modalities, then the intervention might well be, like in the past, a mere bazar, or cash dole out rather than bail out. This will do the industry no good. We therefore, ask for both haste and due diligence in dealing with this issue.”

Airports Concession
The unions claimed they have not shifted ground on their vehement opposition to the selective concession of four international airports through a process of apparent compromised integrity.

They claimed that despite offering credible alternative approaches to concession, they alleged that the Minister of Aviation is going on with the exercise in utter disregard to the position of the unions.

They  therefore sssid they would not sit idly by and let another PHCN-styled deceit and malfeasance foisted on  Nigerians  once again.Another grievance the unions tabled is the explosive labour environment in the Aviation industry in Nigeria.  They raised the Non-Unionisation;  in spite of their efforts, and numerous interventions of the Ministry of Labour.  They alleged that most Nigerian airlines have made it impossible for their employees to freely join trade unions of their choosing in clear violation of the Constitution of Nigeria and the Labour Act.

“We have tolerated this travesty for too long. It is now time to end the slavery going on right under our noses in these airlines. We therefore serve notice to them all that freedom for the employees is not negotiable, and must be obtained by whatever means possible under the law”.

(b) The unions also accused  some managements in the Aviation  industry of engaging in Unilateralism on labour issues. They  claimed  that many aviation concerns have chosen the path of dishonour by hiding behind the pandemic to do havoc to their employees.”

“While we very much recognize the adverse impact of COVID-19 on aviation businesses, the law and even decency dictate that all parties to the work environment need to put their heads together to chart a common path through the crisis; a path that fairly shares the losses among the component parts of the work environment. Our unions successfully engaged many organisations in this respect. But, many others chose the discredited path of unilateralism and by so doing have done grave injustice and plain wickedness to their employees.”

 

While the unions expressed their delights at the reopening of airports for operations, they however claimed that up till now, there has been no engagement with them on all the COVID-19 protocols for aviation workplaces in spite of their advocacy on these issues since the advent of the coronavirus pandemic. They alleged that all the protocols recommended by ILO and ITF which  have been variously canvassed (including the very pressing need for Occupational Health and Safety joint committees at the various units) have been totally neglected.

“This means that our members are at serious risk as there exists no visible sign of protection protocols for aviation workers, especially outside the airport terminals.
Importantly, and in particular, we have yet to see, beyond mouthing, any actions taken, or policies formulated, or programs fashioned towards the recognition of aviation as a frontline sector requiring special attention in terms of infrastructural and staff welfare provisioning, even as aviation remains clearly in the frontline of the pandemic. Yet, all eyes are on aviation to provide the backbone for returning economic activities to normalcy”.

The unions claimed that tripartism, which refers to active collaboration between government, employers and labour, as per ILO standard practice has been jettisoned in the aviation sector of the economy.

“As it is at the national level so should it be at the sectoral level. And at a time of crisis such as we are in, this model of engagement becomes of heightened necessity. But, just like everything else in aviation in Nigeria, this principle is completely jettisoned in spite of our strident calls to bring it about in the past three months, especially during this pandemic. And without tripartism, any efforts at industrial harmony is doomed in the sector, unnecessarily diverting attention from the battle with the pandemic, the unions said.

 

 

 

All efforts, including a personal visit by the Hon. Minister of Aviation to the Commission and numerous communication between the Agencies/Ministry of Aviation and the two establishments have failed to impress both the Commission and OHOSF in the above regard. They have both blatantly refused all entreaties to recognize the injustice they have wrecked on hapless workers who have had to bear the brunt of their nebulous ways. How long such callous attitude shall be borne by aviation workers is anyone’

 

 

All should note please.

demand threatened that if the federal government failed to address their demands, would  decide to apply  industrial measures to get them addressed.
The unions, National Union of Air Transport Employees NUATE, Association of Air Transport Services senior staff Association of Nigeria ATSSSAN Aviation of Nigeria Aviation Professionals (ANAP) and National Union of Pensioners (NUP) which insisted that the aviation industry in Nigeria is plagued by the equivalent of hemochromatosis arising from mounting unattended labour issues, said: “This has compelled us to raise this alarm about an impending implosion and looming crisis in the aviation industry.
It should be clear to any discerning industry watcher that all is not well at the nation’s sky gateways all over the Federation. From melancholy, hopelessness, to non-ennobling pursuits by supposed visionaries, the aviation industry is reeking of the stench of odious acclaim. And we will be failing in our duties to the state and the people if we close our eyes to this catastrophe that is bound to find everyone asleep unless the authorities are woken up by force from their inauspicious slumber.
The COVID-19 conundrum has badly exposed and exacerbated the unhealthy stilt of the industry’s industrial atmosphere built overtime on stealthy activities of government and employers in dealing with labour matters. And it is not hard to see how the many years of burying our heads in the sand on the part of unions and other stakeholders in the name of industrial peace has now come to haunt us as a bare-fanged monster, threatening our reputations and integrity as a collective. Evidently, the house built on false appearances is about to cave in as reality check beckons.
Therefore we use this opportunity to speak truth to power and demand of government and employers in the industry to come to terms with the simmering industrial relations atmosphere, created largely by absence of genuine engagement, and take quick steps towards some form of amelioration. This is of extreme importance. It is urgent. We, in fact, consider the situation as an EMERGENCY.
This press conference is convened against the backdrop of serious concerns among industry stakeholders, some of them genuine, regarding current activities of aviation unions. Some of the concerns allude to the fact this is a most inauspicious time for unions to raise dust unnecessarily, considering the heavy negative impact of COVID-19 in the industry. Many people also say that our unions have become distractive by our labour activities when all effort should be channelled towards ameliorating the pandemic. Our responses to these concerns, genuine or not, are that (i), no time is ever auspicious in the minds of anti- down trodden people to pursue the cause of poor people. In their minds, if businesses can progress while the people die of suffering and penury, then everything is alright, and (ii), the principal purpose of trade unions is to support the weak, especially at turbulent times. If we were to take the advice of some stakeholders, we would abandon the workers at this crucial time of upheaval in their lives for the sake of keeping the businesses running smoothly. It is important, therefore, that we use this medium to seek the understanding of other industry stakeholders in coming to terms with the work environment in which the interests of Government, investors and the workforce are intricately inter-woven. Dealing with such situation requires cooperation and understanding as against the current show of power by Government and employers.
Furthermore, the labour matters at issue within the industry have become multi-faceted and seemingly intractable. This press event serves as a medium to bring them all in one basket, offering an opportunity thereby for better appreciation and perspective, as well as possibility for once and for all solution.
Accordingly, we wish to enumerate some of the issues creating the industry-wide brouhaha as follows:-
1. Conditions of Service for NAMA, FAAN, NCAA, NIMET
Negotiated Conditions of Service of the above named aviation Agencies have been lying fallow – wholly or partially unattended by either, or both, the Salaries and Wages Commission and Office of the Head of Service of the Federation – for upwards of seven (7) years; within which period there ought to have been about three (3) turnovers of the documents. All efforts, including a personal visit by the Hon. Minister of Aviation to the Commission and numerous communication between the Agencies/Ministry of Aviation and the two establishments have failed to impress both the Commission and OHOSF in the above regard. They have both blatantly refused all entreaties to recognize the injustice they have wrecked on hapless workers who have had to bear the brunt of their nebulous ways. How long such callous attitude shall be borne by aviation workers is anyone’s guess.
2. Minimum Wage
The Minimum Wage Act was signed into law and took effect from 1st April, 2020. Workers in the public service have since 2019 been enjoying the benefits of the reviewed wages. But, as we speak, only two of six aviation Agencies have implemented the new wage. All efforts on our part to implement the Act in NAMA, NCAA, FAAN and AIB have proven futile so far.
3. Relocation of Headquarters of Agencies
We have variously protested the order given by the Hon. Minister of Aviation for the relocation of the Headquarters of FAAN, NAMA, NCAA and AIB from Lagos to Abuja at this time. While submitting to Government the right to determine the appropriate location of its agencies (though there is ample room for debate on the matter), we have, however, pointed out to government the need to be circumspect in pursuing this particular objective at this particular time. We pointed at the present crisis of COVID-19, the absence of budgetary provision for most, if not all the Agencies in the current budget cycle, the unavailability of office buildings in Abuja, the absence of any real pressure to do so, and other extenuating circumstances which we had hoped would cause a change of strategy to a more pragmatic approach. Unfortunately, our efforts in this regard have been to no avail. But, now the vexing issue of refusal of the various managements to engage with us on the labour implications of the relocation has become a new crisis point. The only exception to this is FAAN. We have a responsibility to the workers of these agencies to insist that their genuine rights and interests with regard to relocation are adequately protected.  No one should expect that our Unions will shirk that responsibility.
5. COVID-19 Intervention Fund
At the onset of the coronavirus pandemic, the Federal Government announced an intervention fund of S500B. And recently, the FEC approved N2.3T intervention fund to assist businesses cope with the economic devastation occasioned by the pandemic. Up till now, aviation is yet to be impacted by these interventions despite the industry being the most negatively impacted by COVID-19. As a result, all the aviation companies remain in dire economic straits.
Importantly also, the more than 80% of the aviation workforce in the private sector who have been on furlough for the past four months remain in penury while another chunk of workers have been coping with half or less salary within the period. Yet these same workers are expected to return to work and continue to work on empty stomachs until the companies are able to pay salaries.
Our greater fear lies in the uncertainty that beclouds the modalities for application of the intervention funds. Against the background of government’s stated purpose for the intervention – continuity of business, continuity of employment, and continuity of income for employees – we have severally brought government’s attention to the recommendations of the International Labour Organisation (ILO) in partnership with the International Transport Workers Federation (ITF). The recommendations are that Government is expected to:
recognize aviation as a public good that warrants strong government regulation and oversight, planning, investment, and public ownership
establish national and tripartite aviation bodies of labour, government and employer representatives to develop strategies, coordinate investment and financial responses, plan the supply of labour, and oversee all aviation operations
extend sick leave entitlements, maintain incomes and extend social protections to all workers, including formal, precarious and informal workers, regardless of status of employment
reduce subcontracting and outsourcing services and jobs and, where appropriate, mandate airport authorities to directly manage and/or employ all airport staff, including outsourced and agency workers, cleaners, etc.
offer conditional relief and support services to airlines, airport authorities and supply chain companies, including through debt relief, delays to tax and duties, and public ownership of shares;
agree conditions for these financial and support packages, including on the private repurchase of shares following the recovery of the industry that:
Protects the pay, terms, conditions and welfare of all aviation workers;
Prohibits share repurchases, shareholder rewards and excessive executive pay;
Democratizes ownership and governance, including through worker representation on the company board;
Respects ILO Conventions regarding freedom of association, collective bargaining, forced labour, discrimination, and occupational health and safety for all workers;
Cap profit levels to ensure reinvestment into debt reduction, fleet modernization, staff training and education and other measures that enriches the company; and,
 Prohibit shareholder rewards, excessive executive pay and share repurchases during the crisis.
we are apprehensive that should government deviate from this well thought-out and comprehensive modalities, then the intervention might well be, like in the past, a mere bazar, or cash dole out rather than bail out. This will do the industry no good. We therefore, ask for both haste and due diligence in dealing with this issue.
6. Airports Concession
Our Unions are in vehement opposition to the selective concession of four international airports through a process of apparent compromised integrity. We have voiced our concerns loudly enough for all to hear, and we have offered credible alternative approaches. But the Minister is going on with the exercise in utter disregard to the position of our Unions. We shall not sit idly by and let another PHCN-styled deceit and malfeasance foisted on us all once again.
7. Explosive Labour Environment
(a) Non-Unionisation: In spite of our efforts, and numerous interventions of the Ministry of Labour, most Nigerian airlines have made it impossible for their employees to freely join trade unions of their choosing in clear violation of the Constitution of Nigeria and the Labour Act. These airlines have made the express instruction that the employee cannot belong to a trade union condition precedent to employment in their companies. We have tolerated this travesty for too long. It is now time to end the slavery going on right under our noses in these airlines. We therefore serve notice to them all that freedom for the employees is not negotiable, and must be obtained by whatever means possible under the law. Air Peace, Azman Air, Dana Air, Max Air, Jed Air, Skypower Airlines, Med-View Airlines, and the rest of them should take note.
(b) Unilateralism: Many aviation concerns have chosen the path of dishonour by hiding behind the pandemic to do havoc to their employees. While we very much recognize the adverse impact of COVID-19 on aviation businesses, the law and even decency dictate that all parties to the work environment need to put their heads together to chart a common path through the crisis; a path that fairly shares the losses among the component parts of the work environment. Our unions successfully engaged many organisations in this respect. But, many others chose the discredited path of unilateralism and by so doing have done grave injustice and plain wickedness to their employees.
On this wagon are Arik Air, Aero Contractors, Turkish Airlines, Air Peace, Dana Air, Azman Air, Caverton Helicopters, and many others. In the Coming days, these corporate entities will have to contend with the wrath of aviation workers unless they ameliorate their various situations soon enough.
8. Airports Reopening
As announced, the airports are being opened up for operation. But, up till now, there has been no engagement with our Unions on all the COVID-19 protocols for aviation workplaces in spite of our advocacy on these issues since the advent of the coronavirus pandemic. In particular, all the protocols recommended by ILO and ITF which we have variously canvassed (including the very pressing need for Occupational Health and Safety joint committees at the various units) have been totally neglected. This means that our members are at serious risk as there exists no visible sign of protection protocols for aviation workers, especially outside the airport terminals.
Importantly, and in particular, we have yet to see, beyond mouthing, any actions taken, or policies formulated, or programs fashioned towards the recognition of aviation as a frontline sector requiring special attention in terms of infrastructural and staff welfare provisioning, even as aviation remains clearly in the frontline of the pandemic. Yet, all eyes are on aviation to provide the backbone for returning economic activities to normalcy.
9. Wither Tripartism
Tripartism, which refers to active collaboration between government, employers and labour, remains the bedrock of industrial relations management in the public sphere, as per ILO standard practice. As it is at the national level so should it be at the sectoral level. And at a time of crisis such as we are in, this model of engagement becomes of heightened necessity. But, just like everything else in aviation in Nigeria, this principle is completely jettisoned in spite of our strident calls to bring it about in the past three months, especially during this pandemic. And without tripartism, any efforts at industrial harmony is doomed in the sector, unnecessarily diverting attention from the battle with the pandemic.
10. Conclusion
In the light of the foregoing, we find it necessary and expedient to notify the Government, all employers in the industry, airport users and the general public that aviation’s industrial space has become severely fouled by extreme wickedness to employees, disrespect to labour laws, and utter disregard to cherished labour relations practices by employers and government. There is therefore, a compelling need for our unions to take decisive actions against these unpardonable assaults on the rights and sensibilities of aviation workers throughout Nigeria.
Accordingly, we shall be moved to apply maximum might of our unions combined, with the full support of NLC and TUC, in dealing with the various nefarious activities by individual aviation companies, agencies and establishments, each according to individual letters they will receive from us severally or jointly.
In the above regard, we use this medium to express our profound appreciation for the intervention by the Nigeria Labour Congress on these issues. Importantly, we equally serve notice hereby that our unions will give full effect to the two weeks ultimatum given by the NLC to the various entities to comply with labour laws or face the consequences of their actions.
This press conference is imperative, therefore, because of the strong need to alert the travelling public and airport users that airport operations might become seriously constrained as a result of actions we are being compelled to take in defence of our hapless members who are being mercilessly and recklessly abused to no end.
All should note please.

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