Row erupts over Sh5.9b payout to teachers

A decision by the Government to deduct agency fees from 20,000 teachers, who are not members of any union but are still set to benefit from the Sh5.9 billion commuter allowances deal, has sparked a fresh row in the education sector.

Labour Cabinet Secretary Kazungu Kambi instructed the Teachers Service Commission (TSC), through a gazette notice, to deduct agency fee from all teachers, who are not members of any of the unions that negotiated last year’s pay deal.

Kambi instructed the TSC to deduct 1.5 per cent from the monthly basic salary of all these teachers, saying the move is necessary because they are not covered under the deal negotiated last year.

Yesterday, TSC notified all the affected teachers of its intent to commence deductions, "following the legal notice by Cabinet Secretary for Labour and pursuant to Section 49 (1) of the Labour Relations Act 2007".

The section states: "A trade union that has concluded a collective agreement registered by the Industrial Court with an employer, group of employers or an employer's organisation, setting terms and conditions of service for all unionisable employees covered by the agreement may request the minister to issue an order requiring any employer bound by the collective agreement to deduct an agency fee from the wages of each unionisable employee covered by the collective agreement who is not a member of the trade union."

"...TSC hereby notifies all teachers in post-primary institutions and who are not members of trade unions recognised by TSC, but benefited from Collective Bargaining Agreement (CBA) registered with the Industrial Court that it shall effect monthly deductions on agency fees at the rate of 1.5 per cent of the basic salary and remit the same to Kenya Union of Post-Primary Education Teachers (Kuppet) with effect from August 1, 2014," the commission said.

TSC Secretary Gabriel Lengoiboni yesterday revealed the deductions would be effected starting next month to allow the commission sort out pending membership applications.

"We are not implementing it this month because we are still keying in some entry forms to ensure no teacher who has applied is left out. After the process the numbers may be lower," he said.

Kuppet largely represents secondary school teachers while the majority of its larger rival, Kenya National Union of Teachers (Knut), are from primary schools.

But Knut was furious about the action by Government to surrender the agency fees to Kuppet, terming it a ploy to help shore up their rival's membership base.

If implemented, the Government would collect at least Sh10 million in the first month alone, Knut Secretary General Wilson Sossion said, further alleging that the deductions will be "shared out between Kuppet, the State Law Office and TSC.''

"We negotiated for the teachers so why should someone say that only secondary teachers who do not belong to a particular union should pay agency fees? Why don't they also say the same to primary teachers?" Sossion asked.

responsibility allowances

Calculations based on the salary payable at the end of the month show the lowest paid teacher will part with Sh770 every month, with the highest paid surrendering Sh5,500.

Knut protested the directive and termed it, "a cartel aimed at swindling teachers' meager pay to help boost Kuppet's membership."

Knut has 180,000 members against Kuppet's 39,000, so if the 20,000 automatically join the latter, its membership will shoot to 59,000. Sossion warned that agency fees' deductions will spark industrial action from teachers.

"If this is implemented then tell Kambi that he shall only see us on television. We will not allow this to happen because all teachers must benefit whether in unions or not," Sossion said.

He said the CBA referred to in TSC's circular has not been fully implemented and questioned which salaries the agency fees deductions will be based on.

"The CBA was to be completed in 90 days, to date we are yet to seal it. Which salaries will they use?" he asked.

Kuppet Secretary General Akello Misori, said Knut is "reckless and treading on dangerous grounds". Misori said the law was clear that Kuppet can demand that non-members who are to benefit from the deal pay the agency fee.

"Knut signed a deal that we had negotiated. And as a union and sticking to the law we are free to demand that all those who are not our members do not benefit from our negotiated deal. And the law says they must pay an agency fee," Misori said, citing Section 49 (1) of the Labour Relation Act to support his argument. 

Misori said the teachers will be, "surcharged for enjoying privileges negotiated by a union which they are not members to."

beyond measure

"But because TSC cannot segregate them, it can only ask them to pay agency fee as a professional fee," said Misori, adding that Knut is free to ask primary school teachers who are not members of their union to also pay the agency fees.

"Knut was bruised beyond measure and were forced to call off the strike after we had negotiated and sealed the deal. Of all the issues we tabled for negotiation we only failed to secure leave and responsibility allowances for Job Group K and above," said Misori.

"Commuter, responsibility, special school and readers allowances which Kuppet negotiated have all been implemented," he added. Sossion yesterday claimed the Government was keen to force teachers to join Kuppet.

"We know Kuppet called off the strike prematurely because they were promised skewed membership drive and we see it is now being implemented," he said, adding that the CBA must first be implemented for anyone to question who should benefit from the new perks.