BBM 3106 LABOUR LAWS CAT Final

BBM 3106: LABOUR LAWS CAT
ANSWER ALL QUESTIONS

Musya j.Muthui Bapa/2022/71526
1.(a) Labour laws have a long and a crimonicus history. Discuss the legal weapons of
choice that businesses used to control early unionizations efforts.
(6mks)
 Using Pinkerton Agents: Hired by businesses to combat union organizing efforts,
Pinkerton agents were private security forces that would monitor, spy and use physical
force to break up strikes and intimidate union organizers.
 Blacklisting: The practice of blacklisting, or the compiling of “lists of undesirables,”

allowed businesses to easily identify and terminate workers who were sympathetic to
unions.
 Use of Propaganda: Business owners heavily relied on anti-union propaganda to spread

anti-union sentiment within their workplaces. They placed anti-union posters and put out
derogatory pamphlets and other material in order to discourage unionization among their
employees.
 Use of Court Injunctions: where by Employers often sought court injunctions to prevent
union organizers from initiating strikes, boycotts, and pickets.
 Use of Strikebreaker: Hired to replace striking workers, strikebreakers would often be

intimidated, harassed and sometimes even physically assaulted if they refused to join a
union or took the place of striking workers.
 Maintained Open door policy where employees would raise and bring up their issues
out.
(b) The signing of an industrial Relations Charter was an important milestone in the
evaluation of Labour laws in Kenya. Discuss the main contents of the revised industrial
relations charter and its impact on Labour in Kenya.
(8mks)
 Maintenance of a constructive and beneficial environment for employers and
employees at work place-This is to ensure their rights and interests are taken care
of.
 Equality of all of all employees- This establishes equality regardless of gender,
race, religion or any other factor.
 Promotion of national economic growth and stability-through the effective and
efficient operation of an industrial relations system.
 Strengthening social dialogue between social partners at all levels-This is to
build a climate for trust and co-operation.
 Promotion of quality training and education to employees-so as to support
development of sound industrial relations practice.
 Participation in international labor conventions-This is to uphold international
standards of worker’s rights and work place safety.
 Freedom of association and free collective bargaining-This is to enable
employees to advocate for their rights at unions and Incase of unfairness to them.
 Commitment to safety, health and welfare of employees and employers including
their families so as to provide insurance on their behalf.
2. May 2007, a taskforce called the labour law reform agenda is appointed by the
Attorney General (Gazette Notice No.3204) review the labour laws within the
International labour organization project. Discuss any ten(10) areas of labour regulation
was to be covered by the taskforce. (8mks)
1) Regulation of wages and conditions of employment act-The act was to make the
rules governing wages, special position of women and children including
termination of employment. Wages and conditions of employment were
regulated in this act.
2) Trade Union act- this was established to regulate trade Unions and trade
disputes.
3) Trade dispute Act- This act was to promote active and sound labor relations
through promoting and protecting association freedom.
4) The employment act -This act was meant to define and declare the fundamental
rights of employees and also regulating the employment of children.
5) Working hours of employees.
6) Privacy of employees at places of work.
7) Promotion of national economic growth through active industrial relations.
8) Training of employees to support active industrial relations
9) Compensation of employees for occupational accidents resulting to disablement
or death.
10) Definition of fundamental rights and obligations of employees and employment
relationship between nature and types of employment.
3.(a) What is collective agreement?(2mks)

-This is an agreement between two or more organizations, employees and employers to
do a business together. The agreement describes the specific terms of interaction between
the organizations and also setting out the rules and conditions under which any
interactions between the parties will happen.
(b) Discuss the pre-requisite conditions, which must be fulfilled before parties may
proceed with the collective bargaining process which is contained in the trade unions Act,
Trade disputes Act and the Industrial Relations Charter.
(8mks)
I. Proper records for the problem Should be maintained -This enables to establish
the cause of disagreement between the two parties.
II. There should be a change in the attitude of both parties -This enables them
understand that problems can be solved peacefully through negotiation process.
III. Both parties should be informed of the objectives of the collective bargaining
process so as to agree on those objectives.
IV. A clear understanding of existing labour laws-This should be established so as to
govern and guide them in the collective bargaining process.
V. A professional and impartial mediator or arbitrator should be identified - so as to
enable both parties to accept him or her.
VI. Both parties should agree to certain framing conditions like methods of
negotiation, timeline and other potential dispute settlement options.
VII. All parties should recognize and respect their roles in the process -so as to
identify the ultimate goal of an amicable outcome.
VIII. Leadership of both the labour unions and organizations should be identified and
respected -for smooth negotiation process.

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BBM 3106: LABOUR LAWS CAT

ANSWER ALL QUESTIONS

 Blacklisting: The practice of blacklisting, or the compiling of “lists of undesirables,”

 Use of Propaganda: Business owners heavily relied on anti-union propaganda to spread

 Use of Strikebreaker: Hired to replace striking workers, strikebreakers would often be

3.(a) What is collective agreement?(2mks)

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