TRADE UNIONS 1

TOPIC: TRADE UNIONS

NAMES & REG NO:

1. COLLINS RUTTO EABQ/00733/2015

2. BARNICE CHEGE
3. GEOFFREY MUREITHI
4. MICHAEL MUGAMBI
5. DAVID OCHIENG’
6.KEVIN KIRUI
EABQ/09245P/2018
EABQ/02764P/2018
EACR/01829/2017
EACR/00705/2016
EABQ/00750/2015

INSTITUTION: TECHNICAL UNIVERSITY OF KENYA

FACULTY: FACULTY OF ENGINEERING AND THE BUILT ENVIROMENT

SCHOOL: SCHOOL OF CONSTRUCTION AND PROPERTY STUDIES

DEPARTMENT: CONSTRUCTION ECONOMICS AND MANAGEMENT

COURSE NAME: BACHELOR OF THE BUILT ENVIROMENT (Construction

Management)

COURSE UNIT CODE: EACR 4111

COURSE UNIT NAME: LABOUR MANAGEMENT

INSTRUCTOR: JOACHIM WAFULA

DATE: October, 14th 2021

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TABLE OF CONTENTS
EMPLOYEES ASSOCIATION.................................................................................................................2
COTU........................................................................................................................................................2
FUNCTIONS OF COTU.....................................................................................................................3
TRANSPORT WORKERS UNION OF KENYA (TAWU).................................................................3
FUNCTIONS OF TAWU....................................................................................................................4
CHALLENGES FACING EMPLOYEE ASSOCIATION......................................................................4
ESSENTIAL CONDITIONS FOR SUCCESS OF EMPLOYEE ASSOCIATION..............................4
EMPLOYERS’ ASSOCIATION................................................................................................................5
OBJECTIVES OF EMPLOYERS’ ASSOCIATION...............................................................................5
Primary Objectives..................................................................................................................................6
Secondary Objectives...............................................................................................................................6
CHALLENGES FACING EMPLOYERS ASSOCIATION....................................................................6
ESSENTIAL CONDITIONS FOR SUCCESS OF EMPLOYEE ASSOCIATION..............................7
REFERENCES.............................................................................................................................................8
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EMPLOYEES ASSOCIATION
Association of workers in a particular trade, industry, or company created for the purpose of
securing improvements in pay, benefits, working conditions, or social and political status
(Kipkosgei, Son, & Kang, 2020). The construction workers will include many crafts who are part
of the construction industry. They consist of bricklayers, carpenters, iron workers, asbestos
workers, operating engineers, painters, plasterers, plumbers, roofers and sheet metal workers.

The Employee association is mandate to function as collective bargaining acts as process of

negotiation between employer and employee so that either consensus or difference in the opinion
can be pointed out to settle the major dispute but the need of social responsibility generates from
the fact that Employee association exists in representative capacity as it represents the labors
therefore accountability and responsibility of Employee association generates towards the labors
(Kipkosgei, Son, & Kang, 2020). There should be warranted social responsibility from the
Employee association because there is direct impact of decisions of Employee association of
labors this role of organization is developed by virtue of societal norms, ethical values and
concept of social contract. Responsibilities can be summarized with regards to function of
employee’s association.

 Education and awareness amongst labors so that a traditional or conventional way

indulging into grave agitation can get the shape of cooperation and understanding. The
development of the society should not be obstructed by virtue of unnecessary strikes and
grave agitation, sometimes the consensus reached between employer and employee is
favorable to them but may be unjust to innocent customer that innocent customer is
supposed to be protected by Employee association.
 Their acts and deliberation with employer should be in the manner so that consensus
becomes the part of economic growth and development for that purpose cooperation is
required, Employee association are supposed not be influenced by the caste division
system for the interest of its workmen and to maintain the integrity of the nation. Goals
should be achieved by not overlooking the interest of community at large.

Example of Employee Association in Kenya includes;

1. Central Organization of Trade Unions (COTU)

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2. Kenya Building, Construction Civil Engineering & Allied Trade Workers Union
3. Transport Workers Union of Kenya
4. Kenya Engineering Workers Unions
5. Kenya Building, Construction, Timber and Furniture Industries Employee.

COTU
The Central Organization of Trade Unions, COTU (K) is the National Trade Union Center in
Kenya. COTU (K) was founded in 1965 upon dissolution of the Kenya Federation of Labor and
the African Workers’ Congress (KFL – AWC). According to Mona, & Mwasiaji, (2018) COTU
(K) is registered and operates within the provisions of the Labour Relations Act, 2007 of the
Laws of Kenya.

COTU (K) exists to promote the creation of productive and sustainable employment
opportunities, facilitate achievement of workers’ rights, enhance social protection and provide
effective representation to Kenyan workers.

FUNCTIONS OF COTU

a) To improve the economic and social conditions of all workers in all parts of Kenya.
b) To assist in the complete organization of all workers in the trade union movement.
c) To organize the structure and spheres of influence and amalgamation of trade unions
affiliated to COTU (K).
d) To assist in settling disputes between members of trade unions and their employers or
between the trade unions and their members or employees of one union and employees of
another union, or between two or more trade unions (Mona, & Mwasiaji, 2018).
e) To encourage the principles of the development and maintenance of good relations
between employees and employers.
f) To secure adequate and effective representation in bodies dealing with labor and
employment policies and legislation.
g) To establish and maintain funds by means of membership fees, monthly contributions,
donations, subscriptions, levies and by borrowing on such security and such terms as may
from time to time be arranged by the Executive Board.
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h) To set up appropriate committees to provide training, education and other facilities and
enterprise for the advancement of workers and the labor movement in general.
i) To improve the economic and social conditions of all workers in all parts of Kenya.
j) To assist in the complete organization of all workers in the trade union movement.
k) To organize the structure and spheres of influence and amalgamation of trade unions
affiliated to COTU (K).
l) To assist in settling disputes between members of trade unions and their employers or
between the trade unions and their members or employees of one union and employees of
another union, or between two or more trade unions.
m) To encourage the principles of the development and maintenance of good relations
between employees and employers (Mona, & Mwasiaji, 2018).
n) To secure adequate and effective representation in bodies dealing with labor and
employment policies and legislation.
o) To establish and maintain funds by means of membership fees, monthly contributions,
donations, subscriptions, levies and by borrowing on such security and such terms as may
from time to time be arranged by the Executive Board.
p) To set up appropriate committees to provide training, education and other facilities and
enterprise for the advancement of workers and the labor movement in general.

TRANSPORT WORKERS UNION OF KENYA (TAWU)

Transport Workers Union of Kenya (TWUK) is a Trade Union currently affiliate to Central
Organization of Trade Union-Kenya COTU and International Transport Workers Federation
(ITF)- London. It’s one of the oldest registered Trade union in the country, having existed
before Independence. It was first registered as Kenya African Road Transport and Mechanics
Union in the late 1930s.

On 3rd & 5th December 1948, the union through a resolution, resolved to change its name to
Transport & Allied Workers Union and subsequently the changes were registered on 21st
December 1948.

Further and due to a directive by the current National Labour Board that all Trade Union delete
the word “Allied” from their registered names; the Union by a resolution changed its name to
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Transport Workers Union – (Kenya) registered by the Registrar of Trade Unions – (Ministry of
Labour) on the 19th January, 2012 (Kalusopa, Otoo, & Shindondola 2012).

FUNCTIONS OF TAWU

a) They fight to secure the best pay for workers.

b) To ensure that there is good conditions and safety standards for the transport of workers.
c) TAWU ensure that there is a good industrial relationship and social welfare among
members and workers
d) To provide quality services in representation of the members.

CHALLENGES FACING EMPLOYEE ASSOCIATION

1. Uneven growth- Employee associations are mainly concentered on the large industries
and that too I regard of manual labour only and mainly in bigger industrial center, there is
hardly any employee association in small enterprises, domestic and agricultural labour.
2. Low Membership- Even though the number of employee’s union has increased
3. considerably in Kenya, it has been accompanied by a sharp decline in membership per
union (Feldman,2019).
4. Multiplicity of Unions- Another problem faced by the growth of employee association is
that of multiplicity of unions. Many employee associations may exist with the same
establishment.
5. Internal Association Rivalry- Employee Association may try to play down each other on
the bid to gain greater influence among workers hence resulting in more harm than good.

ESSENTIAL CONDITIONS FOR SUCCESS OF EMPLOYEE ASSOCIATION

1. The first essential of an employee association is the existence of a progressive labor force
in order to man the movement. An educated and capable labor force keeps the leaders
devoted and makes their will strong for leading their fellow workers.
2. Another essential factor of a successful and sound employee association is a sound
leadership and methodological organization. In order to gain success in its objects, an
employee association should have its foundation laid on solid grounds.
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3. A clear enunciation of the objectives is a third fundamental feature for survival and sound
functioning of employee association. employee association with complexity in objects are
looked down upon with suspicion.
4. Another point which must be adhered to is that employee association must make sure to
have a coherent and well-conceived policy regarding their structure. Haphazard growth of
employee association may give rise to problems in jurisdiction, sphere of activity, etc. An
employee association should be regarded as a business organization as it also requires
careful planning.

EMPLOYERS’ ASSOCIATION
According to the Labour Relations Act, 2007, an employer association is any number
of employers associated together for the purpose, whether by itself or with other purposes,
of regulating relations between employers and their employees or the trade unions
representing those employees (Chege,1986).

Examples of Employer Associations in Kenya Includes;

1. Kenya Construction Industry Trade Union.

2. National Construction Authority
3. Federation of Kenya Employers
4. Association of Local Government Employers
5. Timber Industry Employers

An employer association operates for the benefit of companies who are members of the
association. In Kenya an employers’ organisation is an advocacy group that, through lobbying,
tries to influence government policy. They lobby governments on behalf of the member
companies. They provide advisory services to members. They lobby government and employers
to improve employees’ wages, conditions and benefits. They negotiate collective bargaining
agreements between members and trade unions. Most typically, they set out the terms and
conditions such as pay, benefits and working time, etcetera, to be included in the employment
contracts of workers in the bargaining unit.

Also, most employers’ association assist in the migration of informal enterprises into the formal
sector, though this is not always seen as a high priority. The employers’ association use their
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influence to remove regulatory obstacles to small and medium-size enterprises, which seem most
pronounced and most entrenched as bases for bribery and similar corruption in African countries.
The law allows for registration of both the trade union and employer organisation to the registrar
(sections 12, 13 and 14 of Labour Relations Act, 2007) (Chege,1986). By registration they
include their physical location. Hence through the registrar of unions one is able to locate both
the trade union and the employer organisation.

OBJECTIVES OF EMPLOYERS’ ASSOCIATION

The main objectives of EOs are similar though they may vary to an extent in matter of detail. For
association “to deal with labour problems from the employer’s point of view”. As rightly pointed
out by Timber Industry Employers association; employers are required to: Develop healthy and
stable industrial relations;

 Promote collective bargaining at different levels;

 Bring a unified employers’ viewpoint on the issues of industrial relations to the
government in a concerted manner; and
 Represent in the meetings of labor boards in conformity with multilateral approach to
labour matter. Employers’ Associations are formed to promote and protect interests of
employers in Trade and industry (Chege,1986).

They are: “formal groups of employers set up to defend, represent or advise affiliated
employers”. They perform several important functions:

Primary Objectives
 Promote and protect the interest of employers engaged in industry, trade and commerce
in Kenya.
 Study, analyses and disseminate information relating to labour policy, labour
management relations, collective bargaining, etc.
 Offer advice concerning various aspects of labour policy.
 Liaise with Union Government and initiate steps that are representative and legislative in
nature.

Secondary Objectives
 Train and develop staff and members.
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 Obtain data on wages and conditions of work in industries attached to them. Come out
with surveys, research-based reports on issues of importance to both labour and
management.
 Take up projects for social and family welfare.
 Deal with safety and health at work place and working environment.
 Initiate steps to improve public image and improve public relations.
 Educate the public regarding the character, scope, importance and needs of trade,
industry and commerce represented by members.

CHALLENGES FACING EMPLOYERS ASSOCIATION.

 The political and economic environment in which the employer’s association is

operating has been subjected to a significant number of changes that affects its role in the
business environment, the services that it provides the members and its position among
the private sector organizations in the economy. Some of the challenges have taken
political dimension as a result of government interference, economic challenges resulting
to inflation, increased competition within the operating environment among others
 The organization’s immediate external environment poses a second set of challenging
factors. This environment includes competitors, government, customers, economic
conditions, social changes, political priorities and technological development each of
which must be anticipated, monitored, assessed and incorporated in top-level decision
making.
 According to Achok, (2014), Employer Associations’ activities is characterized by
continual changes and developments in the labour market with the emergence of new
business players, changes in legislation and the resultant impact on employers’
businesses, increasing competitive pressures and depressed economic climate forcing
employers to consider non-conventional models of business operations, like outsourcing,
mechanization and automation, increasing awareness and attention to psychosocial issues
in the workplace such as sexual harassment, stress, work-life balance and HIV and AIDS
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at the workplace coupled with regional integration efforts with the signing of common
market protocol, among others.

ESSENTIAL CONDITIONS FOR SUCCESS OF EMPLOYEE ASSOCIATION

 In order to address the challenges facing the Employers association, Achok, (2014) stated
that its institutional capacity should be revamped and should collaborate with social
partners to undertake informed policy advocacy, lobbying and capacity building for its
members. The federation should deploy value addition services, strengthen and
consolidate the membership to overcome union pressure and state meddling with the
affairs of the employer associations.
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REFERENCES
Achok, T. M. (2014). Members’ perceptions of challenges facing the federation of Kenya
employers (Doctoral dissertation, University of Nairobi).

Chege, M. (1986). The State and Labour in Kenya. Eastern Africa Social Science Research
Review, 2(1), 68.

Feldman, G. (2019). Challenges and Choices Facing Kenyan Labor.

Kalusopa, T., Otoo, K. N., & Shindondola-Mote, H. (Eds.). (2012). Trade union services and
benefits in Africa. African Labour Research Network [ALRN].

Mona, A. M., & Mwasiaji, E. (2018) EMPLOYEE MOTIVATION ON THE PERFORMANCE

AT THE CENTRAL ORGANIZATION OF TRADE UNIONS IN KENYA.