EDITOR STEPHEN OUMA BWIRE
The coming into existence of the non – unionized workers in 2016 following Constitutional petition N0 37 of 2010 in the constitutional court by Robinson Kasozi, Moses Mauku and Catherine in 2010, has become a menace for Labour unions. Petitioners contended that the 2011 general elections in respect of the workers, youth and persons with disabilities were inconsistent with and contravened Article 29(d) and (e) of the Constitution.
They sought grant of a declaration that the holding of the 2011 general election in respect of the youth, workers, and persons with disabilities contravened Articles 29 and 35(1) of the Constitution. They applied and prayed that a permanent injunction did get issued against holding elections in respect of the special interest groups under the then present legal framework.
The ruling delivered on the 29th day of September 2015 saved potential members of the interest groups who had been disenfranchised from taking part in the elections. However for reasons best known to the judges, instead of using the word “ non – union” members , the judges used the word : Non – Unionized”, hence creating a special interest group that was involved in the 2016 elections for workers from Sub – County level to district and National level, where Workers Members of Parliament were elected. According to statistics available the largest number of workers in the country falls under the non – unionized category hence a big threat to organized labour. But how would the non – unionized workers establish the employer – employee relationship?.
The International Labour Organisation (ILO) recognizes tripartite family that includes Government, Employers and Employees for purposes of effecting organizing, recognition, negotiations and collective Bargaining at workplaces. It is inconceivable how the non – unionized will continue to be “organized” although the main purpose of the category has remained agitating to increase their numbers to compete in elections for Workers Members of Parliament.
Labour Unions have failed to appeal or to challenge the emergence of “ Non – Unionized workers, who are now seen as destined to demand for more recognition like representation on Statutory boards.. Observers have predicted that the 2026 General Elections will be the most expensive ever as every Tom, Dick and Harry, with money could turn up to influence their election. Labour unions should start planning how to counter the growing threats from the Non – Unionized workers which are demanding for more slots in the electoral college during elections for Worker’s members of parliament.
A non-union employee is someone who does not belong to a labour union. Non-union workers work for an entity but are not members of a collective bargaining unit, which means they do not have a union negotiating their employment terms and conditions on their behalf■
