I don't think that would hold water. It reminds me of the CGT on NSE between stockbrokers and Treasury, finally, treasury had to start using threats.

They are engaging in battles better left alone...This they cant win.

1. Recognition agreements

2. Minister's authority to deduct.

This is the problem of placement of individuals beyond their competencies. Anyway let us see how this one works out, again in the courts.

Labour Relations Act 2007.........


PART VI  TRADE UNION DUES, AGENCY FEES
AND EMPLOYERS’ ORGANISATION FEES
48.(1) In this Part, “trade union dues” means a regular
subscription required to be paid to a trade union by a
member of the trade union as a condition of membership.

(2) A trade union may, in the prescribed form, request the Minister to issue an order directing an employer of more than five employees belonging to the union to―

(a) deduct trade union dues from the wages of its
members; and

(b) pay monies so deducted -
(i) into a specified account of the trade union;
or

(ii) in specified proportions into specified
accounts of a trade union and a federation
of trade unions.

(3) An employer in respect of whom the Minister
has issued an order under subsection (2) shall commence
deducting the trade union dues from an employee’s wages
within thirty days of the trade union serving a notice in
Form S set out in the Third Schedule signed by the
employees in respect of whom the employer is required to
make a deduction.
(4) The Minister may vary an order issued under this section on application by the trade union.

(5) An order issued under this section, including an order to vary, revoke or suspend an order, takes effect from the month following the month in which the notice is served on the employer.

(6) An employer may not make any deduction
from an employee who has notified the employer in
writing that the employee has resigned from the union.
(7) A notice of resignation referred to in subsection (6) takes effect from the month following the month in which it is given.
(8) An employer shall forward a copy of any notice of resignation he receives to the trade union.

Deduction of agency fees from unionisable
employees covered by collective agreements.


49.(1) A trade union that has concluded a
collective agreement registered by the Industrial Court
with an employer, group of employers or an employers’
organisation, setting terms and conditions of service for all
unionisable employees covered by the agreement may
request the Minister to issue an order requiring any
employer bound by the collective agreement to deduct an
agency fee from the wages of each unionisable employee
covered by the collective agreement who is not a member
of the trade union.

(2) A request in accordance with sub-section (1) shall―

(a) be signed by the authorized representatives of
the trade union and employer, group of
employers or employers’ organisation;

(b) supply a list of all employees prepared by the
employer in respect of whom a deduction shall
be made;

(c) specify the amount of the agency fee, which
may not exceed the applicable trade union
dues; and

(d) specify the trade union account into which the
dues shall be paid.

(3) An employer in respect of whom the Minister has issued an order as specified in subsection (1) shall commence deducting agency fees from the employees named in the Minister’s notice within thirty days of receiving the Minister’s notice.

(4) The Minister may vary an order issued under this section on application by the trade union and the employer, group of employers or employers’ organisation concerned.

(5) A member of trade union covered by a
collective agreement contemplated by subsection (1) who
resigns from the union, is immediately liable to have an
agency fee deducted from his wages in accordance with
this section.

(6) If a collective agreement is implemented retrospectively after registration by the Industrial Court, the agency fee shall be deducted and paid to the trade union for the period of retrospective implementation in accordance with this section.


General provisions applicable to
deductions


50. (1) Any amount deducted in accordance with the provisions of this Part shall be paid into the designated trade union, or employers’ organisation account within ten days of the deduction being made.

(2) The Minister may revoke or suspend a notice issued in accordance with of this Part if the Minister has reason to believe that―

(a) the order was obtained by misrepresentation or
fraud;

(b) the money is not being paid into the designated
account; or

(c) the money is being used for a purpose other
than the lawful trade union or federation
activities.

(3) No amount deducted from the wages of an employee in accordance of this Part may be recovered from the employer by that employee.

(4) Any amount deducted from the wages of a member of a trade union by the member’s employer in accordance with this section discharges the liability of the member to pay trade union dues.

(5) An employer may set off against any sum
payable to a trade union in accordance with this section, the amount of any money over paid by the employer into the account designated by the Minister.

(6) No employer shall make a deduction from the
wages of an employee for the purposes of making a payment
to any trade union, except in accordance with the provisions
of this Part.

(7)A trade union or a trade union federation shall acknowledge receipt of any monies paid to it within fourteen days of receiving the money.
(8) No employer shall―

(i) fail to comply with an order or a notice
issued under this Part;
(ii) deduct any money and not pay it into the
account designated in the notice issued
by the Minister; or
(iii) pay money into an account other than the
account designated in the notice issued
by the Minister.

(9) No person shall―
(i) request an employer to pay money
deducted in accordance with this section
into an account other than the account
designated by the Minister in the notice;
or

(ii) use any money deducted in accordance
with this section for any purpose other than the lawful activities of a trade union or a trade union federation.

(10) An employer or any person who contravenes the provisions of this section commits an offence.

So the Minister has the powers. Who's the minister? So Many loopholes. Legally hapa hakuna mahali utashtaki TSC. Knut should Go back and Talk to TSC nicely.