Unions Need Innovative Tactics, To Address Membership Decline

By: Dennis Wendo

Worth Noting:

• In 2021, the rate  further decreased due to a decline in the number of union members (−241,000 or −1.7 percent) and an increase in the number of wage and salary workers overall (+4.2 million or +3.2 percent).
• In Kenya, statistics from the ministry of labor and social protection indicates, by end of year 2019, there were 82 trade unions and employer organizations operating in the country.
• Two employer organizations and a workers’ union voluntarily dissolved themselves whilst six employer organizations were cancelled by registrar of trade unions. There were forty-two trade unions that reported a total of 1,163 trade disputes. This is worrisome going by the numbers of pending industrial and dispute related cases at the employment and labor relations courts.

The traction of workers towards labor, trade and industrial unions is going down across the globe and Kenya is not immune.

Principally trade Unions are purposed to regulate and mediate relations between workers, employers, concerned federations and the government. They have a special status in law.The Constitution of Kenya 2010 and the Labor Relations Act provides for the freedom of association, where every worker has a right to form, join or participate in the activities and programs of a trade union and leave at free will.

Article 41 of the Constitution of Kenya 2010 protects the right to fair labor practices, fair remuneration and reasonable working conditions.  Article 47 protects the right to fair administrative action and provides that every person has the right to administrative action that is expeditious and efficient.

Trade Unions are supposed to be a voice for the voiceless and play an oversight role of ensuring challenges affecting workers are objectively addressed by the tripartite parties. They act as pressure groups  to existing governments. Unfortunately this appears not to be the average course.

For instance according to U.S bureau of statistics in the United states of America,  union membership rate declined by 0.5 to 10.3 percent in 2021, offsetting the increase in 2020 and bringing the rate back to what it was in 2019.

In 2021, the rate  further decreased due to a decline in the number of union members (−241,000 or −1.7 percent) and an increase in the number of wage and salary workers overall (+4.2 million or +3.2 percent).

In Kenya, statistics from the ministry of labor and social protection indicates, by end of year 2019, there were 82 trade unions and employer organizations operating in the country.

Two employer organizations and a workers’ union voluntarily dissolved themselves whilst six employer organizations were cancelled by registrar of trade unions. There were forty-two trade unions that reported a total of 1,163 trade disputes. This is worrisome going by the numbers of pending industrial and dispute related cases at the employment and labor relations courts.

The time ahead  for trade Unions appears uncertain. Globalization and demographic, environmental and technological changes are fast changing the labor markets of today and will determine the future. Different factors come into play on overall membership decrease, ranging from manufacturing shift to service jobs, outsourcing of unionized jobs, informalization of the economy and the changing employment relationship and automation.

The considerable challenge affecting trade unions is the increasingly transient workforce that is making it difficult for unions to develop relationships with workers and for employees to bond with each other. Many workers are part of a gig economy in which they partake several jobs to make ends meet. Notably trade union membership remains lower for people in non-standard and precarious types of employment, such as temporary and own-account workers. The Covid-19 crisis exposed and aggravated existing challenges. Massive job redundancies were witnessed, with Unions seemingly defenseless.

The Central organization of trade Union in Kenya (COTU) which is the umbrella body of 45 trade union affiliates, needs to take full stock of itself and that of its members.  A sizeable number of the trade Unions are briefcase in nature, lack operational structures of command and professional human personnel to address dynamic challenges at hand. Many are out of touch with the members they purport to represent.

Workers who subscribe to respective sector Unions at a monthly fee of between Ksh150- 2000 expect nothing short of negotiations on better terms of service and welfare, industrial and legal representation on unfair practices as well as capacity building empowerment on labor laws, grievance handling mechanisms, CBA negotiations and membership organization.  This has not been steadfast and forthcoming. The effects have yielded disillusionment among workers, voluntary withdraws, push to form splinter or join alternative associations and anti-Union campaigns.

Majority of employers, associations and workers federations have taken advantage of the unreliability and the never ending wrangles in trade Unions to circumvent the rule of law and justice systems. They are anti-Union, care less about employee welfare and unfairly target workers’ belonging to Unions.

Unions need revitalization and innovative tactics to remain relevant. The continuation of decreasing rates of unionization, in combination with aging unions has seen a gradual marginalization of trade unions around the world. Competition from other organizations, such as non-governmental organizations, intermediary agencies, employers and labor lawyers to offer alternative forms of representation to workers’ is a threat to the labor movement.

Dennis Wendo

Founder- Integrated Development Network

Email: dambehi@gmail.com