For ignoring implementation of Collective Bargaining Agreement, demand intervention
Aggrieved workers have protested against Chevron for reportedly violating Clause 38, 20 and 21 of their Collective Bargaining Agreement (CBA).
In a statement and humble appeal signed by an affected staff, Com. Nwaogu Boniface and legal representative and counsel to the group, Otunba Barrister Gboyega Okenla, the group urged the federal and state governments and Nigerians to intervene as a matter of urgency, call Chevron to order as the oil company is owing the 1710 contract workers they forcefully terminated since 2012.
The appeal was copied to President Asiwaju Bola Ahmad Tinubu, the National Assembly, states house of assembly, Ministry of Labour and Productivity, Nigerian Army, Nigeria Police Force, the DSS, EFCC and all security agencies, all well-meaning Nigerians home and abroad, Federal Ministry of Justice, human rights activists in Nigeria and in diaspora, NNPC, NAPIMS and DPR.
The statement read: “By 2010 Chevron had perfected plans to destroy our lives, families and our careers through the destruction of our jobs bounded by a CBA with their contractor companies namely: T.A Amusan & Sons Nig Ltd with 434 employees, Astral contracting with 463 employees, Delog Nig Ltd, 320 employees, Gil with 292 employees, J2 Construction with 64 employees and Tobinsco with 137 employees. The aforementioned are otherwise known as the Big 6 companies that worked for Chevron Nig Ltd., with its Nigerian head office at No. 2 Chevron Drive Lekki Lagos.
“In the same year they (Chevron) took the union and management of the contracting companies to Warri for a seminar titled ‘change management”, during which they made known to us (union) their intentions to expunge some relevant clause of our C.B.A (Collective Bargaining Agreement) which are clauses 38, 20, and 21. This, the union resisted through letters from NUPENG, the parent union body and several weeks of strike actions.
“However, we understood through their project background published early 2012 that their reasons or actions are for their selfish interest and not wanting to be responsible as regards the yet to be passed Petroleum Industrial Bill on casualization, which could have resulted to 100% of contract workers conversion to payroll staffs. Without considering the plight of the current contract workers, Chevron went ahead to terminate the contracts of close to 2000 workers without regard to the Collective Bargaining Agreement with the workers.
“The collective agreement as negotiated under NUPENG are as follows:
1. Retirement clause 38 which states as follows:
a. Voluntary retirement age is 50 (Fifty) years or after 15 years of service and compulsory retirement age is 60 (Sixty) years or after 35 years of service.
b. Retirement benefits shall be 2 (two) months of gross pay for each completed year of service and shall include benefits in clause 21
“2. Redundancy clause 20 in CBA which states as follows:
a. The company will make a special redundancy payment amounting to two (2) months gross pay for each completed year of continuous service up to a maximum of thirty two (32) months including benefits in clause 21
b. Any employee who has served 15 years and above shall have the option of retirement instead of redundancy.
“3. Leaving gratuity clause 21 of the CBA which states as follows:
a) Leaving gratuity shall be paid to any employee on the Termination of, or his resignation from, his employment with the company.
b) The gratuity shall be based on an employee’s length of service and the monthly gross pay at the time of termination of, or his resignation from his employment.
c) The scale of gratuity payment for each year of continuous service the employee has had with the company after completion of one year.
“(1) Shall be as follows: 1 to 4 years – 150% monthly gross salary.
(2) 5 to 10 years – 175% monthly gross salary.
(3) Over 10 years – 200% monthly gross salary.
d) After the qualifying period of 1 year, any period of less than one year by an employee before termination of or his resignation from, his employment shall be computed proportionately and paid for.
“At the time of termination and payment of what is due to the workers, Chevron failed to honour all the Collective Bargaining Agreements as stated above. Rather, Chevron went ahead to terminate all the management contracting companies and declared them as mere paymasters. This is what we call organizational robbery, stealing by trick and insensitivity to the plight of fellow humans.”
They added: “Since over 10 years now, Chevron through these belated actions, has put close to 2000 workers out of job without any care about their wellbeing, thereby de-humanizing them and their families. Many have died and many more are on their sick bed languishing in pains.
“Every effort made by FMOL and our union body NUPENG for Chevron to honour the agreement has been refused by the organization hence our renewed agitation for our payment as stated in the Collective Bargaining Agreement.
“We therefore use this medium to state once again that immediate conveyance of a meeting aimed at resolving these issues:
a. Redundancy pay
b. Deductions
c. Huge compensation plans,
Be put in place for full and detailed resolution once and for all.
“In the same vein, we appeal to CHEVRON HEADQUARTERS in the US to use their positions to intervene as a matter of urgency.”
Peoplesmind
