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Introduction
Kenya County Government Workers Union (KCGWU) KCGWU and FIC: Forum for International Corporation have in partnership developed a project “Way forward for Kenya County Workers”. The project’s overall objective is to strengthen the KCGWU and make it a vibrant, democratic and well-consolidated union that is able to secure fair and decent conditions of employment for its workers. Previously known as the Kenya Local Government Workers Union, the union was founded in 1952 and currently represents over 30.000 workers who currently are in transition to fit the new constitution’s devolved system.
FIC, which is a Danish NGO working towards promoting labour rights in Kenya and Tanzania together with local partners, have worked together with KCGWU since 2012 through a partnership activity called: “Constitutional devolution in Kenya Local Government Workers Union”. Through the partnership activity KCGWU carried out the revision of its constitution, and thus changed its structures accordingly, so that KCGWU now consists of 47 branches representing the newly formed 47 counties in Kenya.
KCGWU and FIC have worked together since 2012 on strengthening the capacity of KCGWU to be able to ensure its members’ interests and decent working conditions in the wake of the new administrative division of Kenya into 47 counties, which resulted in a reduction of KCGWU’s 175 branches to 47.
That the partnership came to be as result of the anticipated changes and challenges brought about by the new dispensation. It was clear from the beginning, that the union would need to restructure and reorganize itself to remain relevant and to effectively champion the rights and welfare of its members who would be affected by political transition.
The project therefore has emphasized the need for the KCGWU to both strengthen its internal organizational capacity to manage change as well as prepare a strategy that would ensure that it is effective in engaging the ‘new employers ‘ in the transition process as it as well continue to improve on its service delivery to the members.
The Project objectives
Fair conditions of employment for County workers in Kenya, securing decent conditions of work including income, safety and health, non-discrimination e.g. gender, tribe etc., observance of CBAs, labour laws and other regulations at the labour market. This is overall secured by a vibrant, democratic and well consolidated union and the union involves members in different activities.
Immediate objectives:
1) Members interests as employees of the Kenyan counties are secured by competent and active branches, representatives, and shop stewards of KCGWU.
Indicators:
The current CBA is secured implemented and observed in all involved counties. I.e. salaries, pensions and other regulatory payments are effected as agreed, CBA clauses on rights, non-discrimination, safety and health etc are observed by the employers.Branches are financially viable and operational.End year 1 all involved branches are established as described in the constitution of February 2013.End year 3, 75 % of grievances are solved at local level. (grievances are typical on dismissals, transfers etc.)The branch is recognized by the County Government and takes part in social dialogue at county level2) Members interests at national level are secured and coordinated by a well-functioning national office with competent management, training and administration departments.
Indicators:
National office is financially viableEnd year one the national office is full established as described in the constitution of February 2013, including an operational educational, financial and industrial relations department.Regular training and support of branches takes places.Minimum one monthly communication/dialogue between national office and each branch.A financial committee oversees financial reporting incl. periodic budgeting and budget follow up.Financial statement is prepared, audited, approved as per constitution and filed for the registrar.A strategy for PR and advocating is present. The national office takes part in public and social dialogue at national levelKCGWU has conducted 2 major advocacy activities coordinated at national and county level at end project3) Observance of members’ rights is improved and members are actively involved in union activities beside the annual meetings.
Indicators:
90% of members are aware of their rights both in employment and as Kenyan citizens, and they know where to file complaints.During the previous 12 months, 90% of members in the branch have participated in minimum one union activity besides the annual meeting.Periodic communication and dialogue between branch and members take place in between the annual meetings.Background to this TOR;
While the last one year of the partnership should have seen a lot of progress in preparing the union manage the challenges, almost all the activities planned did not get to be implemented. The union practically found itself being confronted with the most urgent issue of her survival as a union, thus requiring the project to shift its focus more into supporting the union through it.
The Project’s steering committee convened an urgent meeting towards mid November 2014 to discuss how the project could work with the union on this matter, and one of the resolutions was to revise the implementation of the activities to prioritize on the pressing concerns of the union.
The challenges are political, organizational, labour related, legal and administrative in nature and are threatening the legal existence, loss of revenue as well as loss of membership. The union for instance faces difficulties in dealing with the County Governors and securing recognition. The transition process of transferring of previous local government employees to county is also chaotic and substantial members might lose jobs in the process. In addition some counties have decided to privatize some services which is expected to reduce the membership farther. Moreover, there is uncertainty and fears over the future of labor relations following the expiry of collective bargaining agreement (CBA). There is also concern of the union facing rivalry from other unions in the sector.
Action plan by the Project Steering committee
Given that the devolution challenges envisaged during the start of the project have changed, the meeting resolved that a workshop to address the challenges facing KCGWU be conducted as soon as possible to come up with a Strategic Plan with timelines to tackle specific challenges facing KCGWU.
Strategic Planning Workshop
FIC and KCGWU will conduct a review of current challenges faced by KCGWU and develop a terms of reference for the Strategic Planning workshop. The proposed 2 day workshop to be held in the month of November, 2014 will identify organizational development strategies to support the organizing needs and strategic direction of the trade union.
Objective of Strategic Planning Workshop
The strategic planning workshop has its main objective of identifying current pressing challenges that threaten the survival of the Kenya County Government Workers Union as well as the future of its members. The workshop is to facilitate the identification and recognition of the real issues, explore various strategies to tackle them and finally come up with action plan.
Methodology
A two days’ workshop has been organized towards the end of November. The workshop is to take the form of organizational strengthening and strategy planning. During the workshop, environmental scan both internal organization as well as the external organization will be critical in order to identify real challenges, gaps and weaknesses that threaten the survival of the union and its members. The issues discussed should not be limited to external factors alone, such as the government policy and effects of devolution. It should also cover the capacity challenges of the union. Does the union have the capacity it takes to confront the issues? The capacity should include areas such as leadership capacity, resources available; both human and financial, structures and systems necessary as well as the political good will. It should be noted that the strength of the union relies on its membership.
The workshop is to be facilitated by a qualified consultant who understands organizational development and is conversant with Kenyan political dynamics especially those that threaten the smooth operation of the union. The consultant must also be someone familiar with possible solutions that the union could deploy to be able to tackle the issues. Even then, a participatory approach that allows for the workshop participants to own the process must be emphasized.
The consultant will be contracted by the KCGWU but will work closely with FIC representatives and KCGWU officials in workshop preparation and facilitation.
The issues could be divided into:
· Devolution and its Impact on Industrial Relations
· Organizational Development and Trade Union Strengthening
Output and results of the workshop
· Identification of strengths and areas for improvement,
· Identification of coordination needs between National Headquarters and Branches
· Elaborating a Strategic Plan for KCGWU’s organizational development, based on the SWOT results
· Developing an Action Plan
· Budget for the proposed Action Plan
· Monitoring and Evaluation Plan
Resources
The consultant will have the following documents as references:
The current interim constitutionOne baseline survey reports produced in October 2013, and a complementary baseline report of June 2014.Project document of FIC-KCGWU partnershipActivities
The workshop will involve key people from the project counties. Representation from counties which have larger constituencies (members) like Mombasa, Eldoret and Nyeri will be considered.
Venue and Date of the Strategic Planning Workshop
Nakuru County – between 1st and 5th December, 2014
Consultants Qualifications
Desired Skills and Experience
· Masters degree and 7-10 years of relevant experience preferred.
· Coaching and training/facilitation experience.
· Organizational development and Trade union capacity building experience
· Strong organizational and interpersonal skills;
· Substantial experience working in trade union environment
· Strong analytical skills to critically evaluate and synthesize information gathered from multiple sources.
· Ability to exercise a high degree of discretion and confidentiality.
· Detail oriented with strong problem-solving skills.
· Conversant with current changes brought about by devolved system of governance.
· Conversant with labour relations issues, trade union environment and dynamics
· Industrial Relations or any other relevant field.
· Strong organizational and interpersonal skills;
· Strong analytical skills to critically evaluate and synthesize information gathered from multiple sources.
· Ability to exercise a high degree of discretion and confidentiality.
· Detail oriented with strong problem-solving skills.
If you feel strongly that your expertise (as described above and in the entire TOR) can support the KCGWU in the two days’ workshop to achieve its objectives and surmount the challenges it faces, kindly send your Expression of Interests to:
before the 28th November 2014
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