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ELRCPartially AllowedNot stated in judgment

Kenya Building, Construction, Timber, Furniture And Allied Industries Employees Union v Ranfodh Limited [2013] KEELRC 125 (KLR)

Industrial Court of Kenya
4 October 2013
N'Not stated (judgment signed 'JUDGE')
343 words in judgment
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The bottom line

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Kenya's Industrial Court ordered an employer to sign a union recognition agreement and deduct union dues because the union represented a simple majority of staff.

What this practically means

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Executive summary

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The claimant union sued on 26/10/2010 seeking orders to compel the respondent employer to sign a Recognition Agreement and thereafter conclude a Collective Bargaining Agreement. The union's case was that it had recruited 19 of the respondent's 23 members of staff, who signed check-off forms authorising deductions of union dues, and that the respondent failed to comply with those check-off forms which cited a ministerial order made on 23/12/2005 under Section 45 of the Trade Dispute Act. The union contended it represented over 78% of the unionisable workers. The court framed a single issue: whether the order sought ought to issue. On the evidence, the check-off forms established 19 recruits, while the respondent's own staff list showed 37 staff, two of whom were terminated (neither a recruit of the claimant), leaving 35 unionisable staff. The court found the 19 recruits constituted more than a simple majority, satisfying the criterion for recognition, and held that any later reduction through alleged malicious victimisation did not change that position. The court ordered the respondent to sign a Recognition Agreement in favour of the claimant and to commence deducting union dues from members' salaries and remit them monthly to the claimant. Each party was to bear her own costs. The judgment was signed, dated and delivered on 4th October 2013 by a single judge whose name is not printed in the judgment.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the order sought (compelling the respondent to sign a Recognition Agreement and thereafter conclude a CBA) ought to issue

Key legal issues

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01

Whether the claimant met the recognition threshold to compel the respondent to sign a Recognition Agreement

Holding

Yes - the 19 members recruited by the claimant out of 35 unionisable staff (after two terminations) represented more than a simple majority, satisfying the criterion for recognition

Reasoning

The claimant recruited 19 of the respondent's staff who signed check-off forms authorising deduction of union dues. The respondent's staff list showed 37 employees, two of whom were terminated (neither recruited by the claimant), leaving 35. The court held that 19 of 35 exceeded a simple majority, so the recognition criterion was met, and any subsequent reduction in numbers did not alter that position.

p. 2

Legal principles established

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  • A trade union satisfies the criterion for recognition where the members it has recruited constitute more than a simple majority of the employer's unionisable staff, and check-off forms so signed by those members oblige the employer to sign a recognition agreement and deduct and remit union dues

Court orders

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  1. 1.The respondent to accord and sign a Recognition Agreement in favour of the claimant
  2. 2.The respondent to forthwith commence deducting union dues from the salary of union members in her establishment and remit the same to the claimant every month
  3. 3.Each party to bear her own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

N'
majority

Wrote the judgment

Jurisdiction invoked
Industrial Court jurisdiction under the Trade Dispute Act (suit concerning recognition agreement and check-off under Section 45 ministerial order of 23/12/2005)

Relief refused

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Concluding a Collective Bargaining Agreement (CBA) with the claimant

The court only ordered signing of the Recognition Agreement and deduction/remittance of union dues; no order directing conclusion of the CBA was made in the final orders

p. 2

Costs

Each party shall bear her own costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It is therefore obvious that as at the time of bringing the suit the 19 members recruited represented more than a simple majority of the respondent's unionisable staff. The claimant therefore satisfied the criterion for granting recognition.
p. 2recognition threshold for trade unions
the court hereby orders and directs the respondent to accord and sign Recognition Agreement in favour of the claimant and to forthwith commence deducting union dues from salary of the union members in her establishment and remit to the claimant every month. Each party shall bore her own costs.
p. 2final orders - recognition agreement and check-off
Whether the number was later reduced through the so called malicious victimization, the position did not change.
p. 2subsequent reduction in membership does not defeat recognition

Issues in the judgment

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minor

The presiding judge's name is not printed; the judgment is signed only 'JUDGE'

minor

The respondent is referred to only as 'the respondent' with no name given, and the claimant's full union name is truncated in the heading

minor

The suit number and citation of the case are not stated in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Building, Construction, Timber, Furniture And Allied Industries Employees Union v Ranfodh Limited [2013] KEELRC 125 (KLR)", Case Analysis (2013). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/125/eng@2013-10-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.