How about trade unions creating a ‘strike fund’ for their members?

The country is once again faced with another possible disruption of education of our children over a disagreement between the Government and teachers over their July pay.

The right to strike is provided for in the Constitution and in the Labour Relations Act. The Constitution at Article 41 provides in general terms that every worker has the right to strike.

Labour Acts

The Labour Relations Act goes into greater detail on the right to strike, requirements of a legal (protected) strike, ingredients of an illegal (unprotected) strike and implications of participating in both strikes.

Section 79 of the Act addresses protected strikes and provides that employees participating in a protected strike do not commit any breach of contract, cannot be disciplined or dismissed or be sued for their participation in such strike.

 Relevant to this discussion, Section 79 (6), states that an employer is not obliged to remunerate an employee for services that the employee does not render during a protected strike.

Section 80 (1) on the other hand provides that participation in an unprotected strike is tantamount to a breach of contract and such an employee is liable for disciplinary action and is not entitled to any payment or benefit during the strike period.

The Industrial Court declared the recently concluded strike illegal and punished Knut officials for ignoring its directive to end it and engage in negotiations.

Therefore technically, the TSC would not be offending the law or any labour practices both locally and internationally if it opted not to pay teachers for the period that they downed their tools. This stalemate however, shines the spotlight on trade unions and how they manage the dues received from members.

 

 Lack transparency

With the exception of a few, trade unions in Kenya lack transparency and accountability in elections and management of funds.

Members rarely get updates on how funds are utilised or benefits such as trainings for their shop floor representatives.

Trade unions in other countries such as in the UK have established a ‘strike fund’ from where the union pays members for the period they are on strike and not receiving their regular pay.

Perhaps this is something trade unions in Kenya should employ.

 But they must all begin by telling us how union dues from members, running into millions, are utilized.

 

Edward Kahuthia, Via Email