KPA threaten to down tools over CBA

Former Kenya Ports Authority (KPA) white card workers (casuals) display placards as they protest against a move by KPA to employ at least one hundred and seventy new workers. [FILE, Standard]

Unionasable workers of Kenya Ports Authority (KPA) have threatened to go on strike in the next seven days over a delay in the implementation of the 10 per cent pay rise deal.

The 4,400-odd KPA workers at the port of Mombasa said the Collective Bargaining Agreement (CBA) should be implemented in full or they will down their tools. 

Dock Workers Union (DWU) said yesterday it will write to the Salaries and Remuneration Commission (SRC) to question the delay.

The SRC has rejected the two-year CBA signed between KPA and DWU in March this year insisting that the CBA should cover four years as per its guidelines.

The parliamentary committee on Labour and Social Welfare has since asked SRC to reconsider its decision and urgently approve the two-year CBA to unlock the stalemate on the payment of the port workers and pave way for 2022/2023 negotiations.

In a circular to members dated October 27, this year, DWU general secretary Simon Sang who recently met KPA officials said the union would issue a strike notice since members have waited for long.

Sang and Mvita MP Abdulswamad Nassir recently appeared before the parliamentary committee in a bid to unlock the salaries stalemate at the port.

The DWU official noted that at the moment, KPA was awaiting communication from SRC allow registration of the CBA in court following the recommendation of the parliamentary committee.

“The union will write to SRC in seven days’ time if the urgent compliance is not adhered to. The union will issue a strike notice since workers have waited for too long,” Sang wrote.

SRC must approve the CBA for it to be registered at the Employment and Labour Relations court allow the employer pay.  

The contentious CBA was signed on March 12, this year, and KPA and the National Treasury have confirmed that the authority is in a position to sustain the salary increment. The agreement has since been approved by the Federation of Kenya Employers (FKE).

Nassir raised the CBA stand off in parliament prompting the committee to take up the matter and recommend that the port workers be paid the two-year signed CBA.

The MP sought to knew the measures put in place to ensure CBA negotiations for 2022/2023 financial year commence this year.

He also sought an assurance from the committee chairman that the KPA employees have their salary increase backdated to January 2021 and the reinstatement of 247 employees who were unlawfully laid off in 2011.

A report from the parliamentary committee said SRC had informed the legislators that it had declined to grant clearance to facilitate registration of the CBA between KPA and DWU at the Employment and Labour Relations Court on the grounds that CBA is for two years and not four years as prescribed in SRC guidelines issued on July 4,2012 and revised on March 21, 2014 and October 14,2019.