School heads should not hold union positions, says TSC

Teachers Service Commission CEO Nancy Macharia. The commission has proposed that school heads, their deputies and heads of department should not hold leadership positions in their trade unions. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • In a collective bargaining agreement (CBA) proposal submitted to the Kenya National Union of Teachers (Knut) and the Kenya Union of Post Primary Education (Kuppet) last week, the TSC also wants them not to participate in any strikes called by their unions due to their management positions.
  • Knut has already indicated that it will not allow the TSC to dictate who holds leadership positions in the unions, insisting that teachers like any other Kenyans have a right to join a union of their choice.

The Teachers Service Commission (TSC) has proposed that school heads, their deputies and heads of department should not hold leadership positions in their trade unions.

In a collective bargaining agreement (CBA) proposal submitted to the Kenya National Union of Teachers (Knut) and the Kenya Union of Post Primary Education (Kuppet) last week, the TSC also wants them not to participate in any strikes called by their unions due to their management positions.

“Head teachers, their deputies and heads of department should not participate in strikes called by a trade union,” states the proposal being considered by the unions.

Since Monday, an eight-member team from Knut has been evaluating the proposal, which will be discussed at a meeting between the unions and the TSC on June 10.

Other issues on the agenda include teacher appraisals and a union membership validation exercise that started last year but which has been opposed by the unions.

Knut has already indicated that it will not allow the TSC to dictate who holds leadership positions in the unions, insisting that teachers like any other Kenyans have a right to join a union of their choice.

Article 41 of the Constitution states that every person has the right to fair labour practices, including forming, joining or participating in the activities and programmes of a trade union and going on strike.

Section 190(1) of the TSC code of regulation for teachers states that a teacher serving in an administrative capacity may be a member of a trade union provided such membership shall not interfere or in any way conflict with the performance of the teacher's assigned duties.

“In the event of an industrial action or any other disturbance leading to stoppage of work, the administrator shall ensure the safety of all learners, colleagues, members of the public and the property and facilities within an educational institution,” states the regulations.

Kuppet officials plan to meet before the end of the week to discuss the proposal and give their recommendations.

TSC Chief executive officer Nancy Macharia said the meeting would focus on the CBA and teacher’s appraisals at the commission’s headquarters.

According to Knut Secretary-General Wilson Sossion, the union is determined to have the CBA signed as soon as possible and it will outline the benefits that have been awarded to teachers between 2013 and 2017.

“After that we will start on the new CBA, which will contain proper and substantive advice from the Salaries and Remuneration Commission (SRC),” said Mr Sossion, adding that it will contain a component on basic salaries for teachers.

In the 2013-2017 CBA that will be the first one to be signed, the TSC has not factored in the basic salary component that has been the source of frequent teacher strikes for the past two years.

Earlier this year, the SRC carried out job evaluations for teachers that will play a key role determining their remuneration.