Agency fees will be deducted from more than 190,000 teachers in both primary and secondary schools who are non-federal but still enjoy the services of unions, including a collective bargaining agreement (CBA).
The decision would be a big blow for the 172,000 members who left KNUT due to their poor relationship with the TSC.
In accordance with Part VI of the Labor Relations Act 14 of 2007, the Commission is required to deduct and pay an agency fee to a trade union from the salary of every union eligible employee, who is not a member of the union, but who has benefited from a collective Agreement negotiated and concluded between the Union and the Commission.
The fee offers a ray of hope for the Kenya National Union of Teachers (KNUT) as it has not been receiving the agency’s fees since June 2019, when it had a dispute with the Teachers Service Commission (TSC).
KNUT will now depend on non-federal members for its operations, which have been put on hold due to lack of cash.
The Kenya Union of Special Needs Education Teachers (KUSNET), which recently signed the first-ever CBA with TSC last week, will charge non-members an agency fee of 1.45 percent of their basic pay.
KUSNET secretary general James Torom said that once the 2021-2025 CBA is registered in court, all 7,000 special needs teachers who have not yet joined the union will have to pay an agency fee of 1.45 percent.
According to the NAT constitution, all teachers who are not its members must pay an agency fee of 2 percent of their basic pay to enjoy the benefits of the negotiated CBA.
The constitution of the Kenya Union of Post-primary Teachers (Kupet) states that teachers who are not their members should be charged an agency fee of 1.8 percent of their basic salary.