The Kenya Visually Impaired Teachers’ Association (KEVIT) has raised significant concerns over the Teachers Service Commission’s (TSC) 1.5 percent automatic deduction from teachers’ salaries for the Kenya Union of Special Needs Education Teachers (KUSNET) agency fees. The association’s leadership contends that these deductions are being implemented without their consent and that KUSNET does not adequately represent their specific needs or interests.
KEVIT’s Standpoint
During a recent Senate Committee on Labour and Social Welfare session, chaired by Senator Julius Murgor, KEVIT Chair Mbugua Kamau expressed his frustrations and recounted the events leading up to his transfer from the Kenya National Union of Teachers (KNUT) to KUSNET in February 2022. Kamau emphasized that neither he nor many of his colleagues had voluntarily chosen to join KUSNET, yet they found themselves subjected to deductions meant for union fees.
Kamau particularly criticized the TSC’s T-Pay online platform, a system designed for teachers to manage their third-party deductions. According to him, the platform lacks an option for teachers to exit KUSNET easily, thereby restricting their ability to opt out of the union and its associated deductions.
TSC’s Rebuttal
Responding to these claims, TSC CEO Nancy Macharia defended the commission’s practices, stating that the T-Pay system is designed to give teachers full control over their salary deductions. Macharia explained that teachers are empowered to approve or stop any third-party deductions, including those for union fees, at their discretion.
“The T-Pay system allows teachers to manage individual transactions by approving any third-party deductions they wish to be applied to their pay slips,” Macharia clarified. She further explained that the TSC deducts union dues from registered KUSNET members and agency fees from teachers who benefit from the Collective Bargaining Agreement (CBA) negotiated by KUSNET, all in compliance with an order from the Minister of Labour and the Labour Relations Act.
Senate Committee’s Perspective
The Senate Committee, which has taken an interest in this issue, has urged the TSC to prioritize teachers’ freedom to choose their union representation. The senators underscored the importance of respecting this freedom and called for increased efforts to sensitize teachers about their options regarding union membership and associated fees.
The committee’s intervention highlights the broader implications of the situation. Union representation and agency fees have long been contentious issues in the labor sector, and this case underscores the need for clear communication and robust systems that genuinely reflect the choices and preferences of the employees involved.
The Broader Implications
This situation with KEVIT and TSC raises critical questions about the autonomy of employees in choosing their representation and the transparency of the processes involved. It also highlights the importance of having robust systems that cater to the unique needs of various employee groups, particularly those with specific requirements like the visually impaired.
Furthermore, this case could set a precedent for other unions and employers across the country. It serves as a reminder that while collective bargaining and union representation are vital for protecting workers’ rights, these processes must be conducted with the utmost transparency and respect for individual autonomy.
Conclusion
As the dialogue between KEVIT, TSC, and the Senate Committee on Labour and Social Welfare continues, the primary focus remains on ensuring that all teachers, including those with special needs, have the freedom to choose their representation and understand the implications of union fees. This ongoing discussion highlights the delicate balance between collective representation and individual rights, a balance that must be carefully managed to ensure the fair and equitable treatment of all educators in Kenya.
