Transport Workers Union v Spedag Interfreight Kenya Limited (Cause 98 & 26 of 2019 & 479 of 2018 (Consolidated)) [2024] KEELRC 2400 (KLR)

Recognition under section 54 of the LRA requires a simple majority, but recognition was long since granted and a CBA dated 17 July 2017 registered. Section 54(5) and (6) govern termination or revocation of a recognition agreement through the National Labour Board. The respondent's pending application to revoke is itself proof the agreement exists. Until the Board determines it, the agreement remains valid and the union retains the right to negotiate and represent unionisable employees.

Sections 48, 49 and 54 of the LRA read together allow a union with a registered CBA to obtain a Ministerial agency fee order. Non-member employees who benefit from negotiated CBA terms are free riders who must contribute via agency fees. The employer must commence deductions within thirty days of receiving the Minister's notice under section 49(3). The respondent's failure breached the LRA and section 19 of the Employment Act.

Once a CBA is registered with the court it becomes enforceable on its terms. The respondent could not unilaterally negotiate better personalised terms without consulting the recognised union; doing so amounted to unfair labour practice. The evidence of personalised contracts and resignations from union membership was unsupported by records, so the court accepted the claim for the backdated increase, to be computed with the Labour Officer's assistance.

Under section 40 of the Employment Act consultation is implied, and where employees are unionised notice must issue to the union and Labour Officer. The CBA negotiated severance pay of 20 days per year worked. The claimant's evidence that 15 days was paid is contrary to the CBA. Lacking records of terminal dues paid, the court allowed the Labour Officer to inspect records and assess the dues.