At the receipt of an employment offer through one of the several Chevron (Nigeria) Limited mandated recruitment companies, ELPER Oilfield Engineering (Nigeria) Limited in 2006, Mr. Thompson Emukede’s joy knew no bounds.
In a country where unemployment is grossly under-reported by government agencies, such a development presented a happy moment for members of his family as the prospect of constant food on their tables, and other human necessities were instantly assured.
It was the same rosy prospects envisioned by the various families of six other men, all of whom have now come to be known as THE FUNIWA 7.
They, including Thomson Emukede were once employed by Chevron (Nigeria) oil field in the Funiwa community of BayelsaState, but now in limbo as a result of being made redundant without any reason given whatsoever.
Information obtained by Alltimepost.com correspondent indicate that at the height of the violent struggle for resource control in the Niger Delta by the oil-rich communities in the region, Chevron had in 2007 evacuated all workers on its Funiwa Field Eastern Operation in the High Sea territory of Bayelsa State.
The evacuation order was to prevent personnel of the oil company from harm.
About a month later, after management had reviewed the security situation, it was decided that work should resume immediately, but gradually by personnel rotation at the facility.
“For the duration of three months this rotation of workers lasted,” recalled one of the several workers affected, Mr. Francis Agbaero, they were all paid.
However, with the full resumption of work after the three months period, several of the workers discovered that they had been made redundant without any explanations communicated to them.
No compensation was offered either. Initially, 10 workers were affected by this decision, but following pressures from the community and relatives in government three out of the 10 affected workers were immediately reinstated, with apology from Chevron.
For the remaining affected seven workers who had no one in power to fight their case their only means of redress and getting reinstated now lay in the hands of officials of their parent union, the Nigerian Union of Petroleum and Natural Gas Worker (NUPENG) Warri Zonal Office located at Kilometer 4, Refinery Road, Effurun, Delta state.
According to the accounts of some of the affected workers, Gbaramatu Kingdom in the Niger Delta region wrote to Chevron in respect of Francis Bigha and Abitaku Shano, both recruited by Jose CO. (Nigeria) Limited while the sister of Duo Kemeghen (recruited by Baklang Consultants) who works with the Bayelsa State House of Assembly also wrote to Chevron concerning her brother. And all three were reinstated.
Alltimepost.com correspondent gathered that when the case of the 10 affected workers was first brought to the attention of their individual branch unions they were advised by officials not to sign or collect any paper from Chevron, pending resolution of the issue.
A Meeting was initiated by NUPENG with Chevron management to know why these workers were being treated this way, but the multinational oil company could not give any reason for their decision to keep the remaining seven affected workers in limbo without proper disengagement.
No termination letters were written to them. No letters of misdemeanor or query were served to them. No letters of reprimand was given to them.
According to our source, nothing, but uncooperative attitude has been the response of Chevron to the several efforts at dialogues initiated by the officials of NUPENG to find an amicable settlement to this untidy management decision.
Several letters written by NUPENG to Chevron (Nigeria]) calling for meetings to avoid industrial actions on this matter and the response of the company were shown to Alltimepost.com correspondent to corroborate the accounts of the affected workers.
Amongst documents sighted and copies obtained by Alltimepost.com include a letter of offer of employment and conditions of service.
A copy of signed and dated October 4, 2008 memorandum of understanding between NUPENG, Warri zone and Chevron with respect to a 14-day ultimatum over the issue was also obtained in the course of trying to unravel the rationale behind management action.
A section in paragraph 6 of the document indicated that the management of Chevron was to look into the case of the seven affected former Funiwa Field workers.
Between the times these workers were made redundant and now several meetings in respect of their case had been convened without success in finding resolutions.
Frustrated, probably by the headstrong attitude of Chevron after series of meetings yielded no result, NUPENG had also written to the Nigeria Federal Minister of Labor and Productivity to arbitrate in the inconclusive and protracted meetings and dialogue over the case of the Funiwa 7.
The ministry summoned a meeting with the management of Chevron Nigeria, the companies that recruited the workers for the multinational oil giant, NUPENG and the Department of Petroleum Resources DPR.
After due considerations with all stakeholders in the conference room of the ministry, the management of Chevron, according to our source was instructed by the minister to reinstate the affected workers within two weeks of the meeting that took place on August 1, 2008.
“Up till this moment the management of Chevron Nigeria has refused to honor the agreement,” said one of the affected staff.
Alltimepost.com spoke via phone with some of the NUPENG officials who were party to the discussions held with Chevron throughout this period to confirm all that had transpired.
Mr. William Akporia, Edmond Ofugie all respectively former NUPENG chairman of Warri zone, said the affected workers had not committed any offence at their Chevron (Nigeria) workplace from every available information.
“We cannot understand why Chevron has refused to redeploy these workers to another work site or pay them their entitlements,” wondered Edmond Ofugie.
On the Chevron side, Alltimepost.com has made several attempts to speak with one of the management staff of the company in Warri, Delta state, Mr. O.O. Kalejaiye, via phone to get the reasons for their decision but without success.
Copies of documents sighted however indicate that the management of the company was not well disposed towards the position of NUPENG and the Federal Minister for Labor and Productivity over the issue of the affected workers.
A letter dated January 25, 2011 signed by the Director, Human Resources and Medical, O.O. Kalejaiye for Chevron (Nigeria) emphasized the position of the company as regard the Funiwa 7.
As far as the management of the multinational oil company was concerned the issue had been finally laid to rest. Not even the intervention of Mr. Igwe Achese, the National President of NUPENG could change the position of the company on the issue.
Though there were insinuations that some of the union members may have been compromised due to their political ambition, Alltimepost.com could not however immediately confirm such allegations.
Given therefore the gradual closing window to an amicable settlement, the affected Chevron workers decided not only to write to Nigeria minister in charge of the Ministry of Labor and Productivity through their attorney, but also to the Nigeria headquarters of the multinational oil company.
A copy of the letter to the Ministry for Labor and Productivity obtained by Alltimepost.com correspondent described the continuous lay-off of the Funiwa 7 without recourse to collective bargaining agreement [C.B.A] and relevant labor legislations by Chevron (Nigeria) as wrong.
The letter noted the initial reconciliatory role of the ministry in 2008 and the refusal of company to effect the ultimatum given to rescind its decision on the affected workers.
They therefore requested the intervention, again, of the federal government in the protection of the rights of the affected workers in the face of the blatant disregards for their rights by Chevron.
The letter from A.I OVIAWE Legal Consultants wondered why if the oppressive and discriminatory attitude of the multinational oil company could not find a place in their home country Nigeria government should condone their nefarious activities on its soil.
The Funiwa 7 attorney emphasized the urgent need to rectify their initial decision to continue to make redundant the affected workers in the interest of equity and justice.
While the options to redeploy or pay all entitlements till date of the affected workers was offered in the letter the lack of a collective bargaining agreement ( C.B.A) and the circumspection of duly constituted labor legislations by the multinational oil company was highlighted.
The negative effect of Chevron (Nigeria) management decision on the affected workers was also noted.
However Alltimepost.com correspondent gathered that, for now, the lawyers to the Funiwa 7 have yet to receive any response to their letter from Chevron.
A text message of inquiry to the phone of the National Chairman of NUPENG, Igwe Achese, has remained unanswered while several calls to it also have gone answered.
Meanwhile, former chairman of NUPENG, Warri zone, Mr. Edmond Ofugie says ”as far as I am concerned, Chevron (Nigeria) has this attitude of being above the law and of never keeping to agreements entered into with its workers.
They have this attitude of not keeping to the spirits of any agreements entered into with workers”.
Mr. William Akporia, also a former chairman of NUPENG, Warri zone and now Delta state chairman of the Nigeria Labor Congress (NLC) has this to say, ”Chevron (Nigeria) is not too well disposed to union activities. To this end it has gone to the extent of employing an adviser on labor to the Human Resources manager in Warri to act as a union buster. The name of that adviser is Ben Egualeno. His advice in this matter is questionable”.
Cogent Ojobor, the current chairman of NUPENG, Warri zone described the case as “victimization by the management of Chevron. Chevron believes it can do anything it wants and nobody, not even the federal government can do anything about it.”
The question now is why must the Federal government allow this type of oppression to happen on its soil? The Funiwa 7 need justice, and now!
Chevron is playing the role of God and Nigeria Govt must stop them now. Special thanks to alltimepost.com for the courage as the press in Nigeria ridicule the essence of their stake…Justice must me done.