KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS v NATIONAL WATER CONSERVATION AND PIPELINE CORPORATION [2002] KEELRC 9 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 9
- Citation
- [2002] KEELRC 9 (KLR)
- Decided
- 8 November 2002
The Court recommends that the Corporation sign a formal recognition agreement with the Union to facilitate collective bargaining.
Facts
The National Water Conservation and Pipeline Corporation (Corporation) was established in 1988. Between 1992 and 1999, 1,636 employees, including 861 seconded civil servants and 775 directly engaged employees, joined the Kenya Union of Commercial, Food and Allied Workers (Union). The Corporation initially refused to comply with the Union's request for check-off forms for Union dues.
Issues
- Recognition Agreement
- Representation of employees
Reasoning
The Court found that the Union has more than a simple majority of unionisable employees as its members (78.23% of 1,636 employees). The seconded civil servants are considered employees of the Corporation, and there is no rival union for representation.
Outcome
The Corporation was recommended to sign a formal recognition agreement with the Union.
Orders
- Recommendation for formal recognition agreement
Authorities cited
Legislation (1)
- Trade Disputes Act, Cap.234, Laws of Kenya
Loading judgment…