Shaken teachers' union takes on TSC over dues

KNUT Secretary General Wilson Sossion. [Photo/Mbugua Kibera/Standard]

 

A major clash is looming between a teachers’ union and the Teachers Service Commission (TSC) over the fate of Sh500 million in union dues.

The Kenya National Union of Teachers (Knut) has accused the teachers’ employer of hatching a plot to sabotage the union by starving it of the much-needed financial muscle to run its operations.

The stalemate has now seen Knut instruct its members to ignore orders of the employer even as TSC insists that all teachers must sign performance contacts and validate their membership with the unions.

Knut Secretary-General Wilson Sossion yesterday said union property worth billions of shillings acquired through loans might be auctioned, effectively shaking the strong foundation of the union.

But the TSC maintains that it does not owe Knut any money, terming the claims as “unfair and dishonest”.

“The issue of releasing union dues cannot arise where none was deducted in the first place,” said Mr Kihumba Kamotho, the TSC Communications Officer.

Mr Sossion maintains TSC has declined to remit cash and says some 2,000 staff across the 110 branches have not been paid salaries for the past three months. He accuses TSC of setting the union’s national leadership against its workers.

A letter to TSC Chief Executive Officer Nancy Macharia seen by The Standard On Saturday also says Knut may not beat the elections deadline set by the Ministry of Labour unless the teachers’ employer releases union dues.

Sossion told Ms Macharia in the letter that all trade unions have been instructed by the government to hold elections this year between March and June.

“The Ministry of Labour, Social Security and Services in a circular dated November 25, 2015 issued notices to all the unions to conduct branch and national elections from March 30 to June 30,” reads the letter dated January 6.

Sossion said Knut has set February 3 to 19 as dates for branch elections with the elections for the national office scheduled for March.

And yesterday, Knut released a statement directing its 200,000 members not to heed guidelines on performance appraisals issued by TSC.

“Knut has communicated to TSC on the same and has instructed heads of institutions not to participate in the exercise until that time when the matter will have been discussed by the Committee on Terms and Conditions of Service for Teachers and the content of appraisal and performance contracting agreed upon by the employer (TSC) and employee (union),” reads a statement released yesterday and signed by Sossion. A source at the union revealed that this decision was arrived at on Thursday during a special Knut National Executive Council (NEC) meeting. “This is the start of another confrontation because Knut feels TSC leadership is keen to dismantle Knut by reducing its membership and inciting teachers against the union,” said a NEC member.

Sossion yesterday said if Knut fails to conduct elections, as set out by the Ministry of Labour, the current office holders might be challenged in court.

He also said that Knut might also not proceed with the elections for lack of a valid register that ought to be released by TSC.

Sossion argued that the union cannot derive a valid register for fair union elections unless there are records for union dues remittance for the last 13 weeks.

“There must be fully paid union dues for at least 13 weeks because that is what qualifies teachers as members of Knut. Without the register, there shall be no elections and this means any elections conducted by Knut shall be challenged in courts of law,” said Sossion.

Sossion says TSC has not remitted dues in the past three months.

“You have illegally withheld the union dues for the months of October, November and December 2015 on the basis of alleged validation of members register,” reads the letter to Ms Macharia. The letter further says that Knut may declare an industrial action if TSC fails to respond.

Credible polls

“By this letter, we are therefore making a final reminder that you immediately remit the withheld union dues, restore and release our register of members prior to November 24 to enable us conduct credible elections,” reads the letter.

The letter is copied to Cabinet Secretaries Ms Phyllis Kandie (Labour) and Dr Fred Matiang’i (Education), and Attorney-General Prof Githu Muigai.

“In the event of your failure to comply as demanded, we shall without any further reference to you, take appropriate severe action,” says the letter. A brief tabled before the NEC meeting indicates that each of the 110 Knut branches requires Sh500,000 to conduct elections.

“Each branch needs to print election materials, book election venues, and hire election personnel,” reads the brief.

“This, however, cannot be conducted devoid of a full register of members,” adds the brief.

The letter to Ms Macharia also demands an immediate revocation of a circular that asked teachers to validate their membership.

“The Commission has no mandate and right in law to interfere with the register of members of any union or at all,” reads the letter.

TSC, however, cautions Knut that they are aware of the membership row that existed between the Knut and Kenya Union of Post-Primary Education Teachers (Kuppet) and notes that the employer is seeking a solution to the impasse. “We have in the past clarified that validation was undertaken to address numerous complaints of fraudulent recruitment of members by rival unions for instance forgery of teachers’ details and complaints by the unions themselves,” said TSC.

In the Knut letter, Sossion says the complaints raised by TSC over union membership were already resolved by the judgment of the High Court dated September 25.