No longer at ease: Trade unions fight for power

By Stephen Makabila

Politics of ‘witch-hunt’ and naked rivalry in trade union movement has thrown the sector into disarray.

After exhibiting some unity of purpose that saw them fight Government over better wages, leading trade unions have turned claws on each other. Over a week ago, Confederation of Public Servants Trade Union (Pusetu) received its registration certificate from Ministry of Labour and demanded representation in major institutions, signalling showdown with Central Organisation of Trade Unions (Cotu).

The dilemma for Cotu is that it will have its wings clipped if some of its members subscribe to the new union. Already, Kenya National Union of Teachers (Knut), Kenya Union of Post Primary Education Teachers (Kuppet), University Academic Staff Union (Uasu), Union of Civil Servants of Kenya and Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers are members of Pusetu. Doctors and nurses unions are also expected to join the outfit.

Some seats

Among institutions Pusetu wants to sit in include Salaries and Remuneration Commission, National Labour Centre and International Labour Organisation (ILO), where Cotu Secretary General Francis Atwoli is the vice-president.Currently, only Cotu has representation in the organisations. If Pusetu has its way, it means Atwoli may lose some of the seats in the said organisations because Pusetu argues Cotu does not represent public servants.

Lying down

“Cracks in union movement locally of course do do not portray the country in good light internationally. The focus will be on Atwoli as the ILO vice-president,” says Dr Martin Mulwale of Maseno University.Cotu has not taken the Pusetu onslaught lying down. It’s doing ‘some work’ to hold on to its turf. Cotu also feels in spite of the existence of the new umbrella union, it is still the most significant representing the interests of over 38 affiliates.

Interestingly, Cotu backed teachers unions Knut and Kuppet during their recent strike over allowances, but the two unions have now turned against it. Knut national chairman Wilson Sossion argues the union has always operated under Cotu and it has all the rights to join any other outfit it deems will represent its interests and those of its members. 

“If teachers, whose interests are catered for by Knut and public servants, who are not in Cotu form an umbrella body, what is wrong with that?” Posed Sossion.Uasu national chairman Sammy Kubasu told The Standard that Cotu serves the private sector, and that unions under Pusetu have unique problems and issues of common interest.

“Forming an umbrella body the way we have done is a right, and not a privilege. We are not fighting anyone. Not even Cotu and its boss,” added Kubasu.Kubasu further posed, “ Why should Cotu be weakened if it is strong?”

Got murkier

But even as Pusetu members continue to push Cotu to the wall, Knut and Kuppet are fighting their own wars that could undermine the new umbrella union in its formative stages.The standoff between the two unions got murkier earlier in the week with the giant Knut, which has a membership of over 200,000 saying it will not sit in salary talks with “foreign elements”.

According to Knut, ILO tripartite engagements require only one union to negotiate with the employer and thus it has resisted sharing any slots with Kuppet.Sossion argues inclusion of Kuppet in Teachers Service Consultative Committee on Terms and Conditions for Teachers contravenes ILO rules. Teachers Service Commission (TSC) Act provides for five persons from a trade union to represent registered teachers in its consultative committee on salary review talks.

Kuppet national leadership has on its part argued the TSC Act, under 13(5) (g) provides for their inclusion in the consultative committee and demanded that salary review talks proceed with or without Knut.Kuppet national chairman Omboko Milemba said teachers stand to lose more if Knut continues to waste time for “personal and selfish” interests.

“We have a Salaries and Remuneration Commission deadline of December 30 to complete the Collective Bargaining Agreement with TSC. We will not allow Knut to take teachers for a ride,” he said.Kuppet indicates of the 69,000 post-primary teachers, it represents about 52,000 and wonders who will negotiate for them if it is locked out.

According to TSC, however, Knut has 181,400 members against 39,601 of Kuppet. Rivalry between the two unions dates back to 1998 when Government registered Kuppet.The Ministry of Labour has, however, come to the rescue of Kuppet, arguing it was lawfully registered.

Negotiating terms

In a letter to TSC and copied to Attorney General, the ministry said, “Knut cannot deny Kuppet the right to exist and function as a trade union.”Chief Industrial Relations Officer in the ministry Geoffrey Omondi says Kuppet has the right to represent its members under the TSC Act 2012.

“Trade unions are established for the purpose of protecting and promoting interest of their members by negotiating terms and conditions of employment as a fundamental function,” read the letter.