Kenya Glass Workers Union v Milly Glass Works Limited & Kenya Chemical & Allied Workers Union [2015] KEELRC 571 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT & LABOUR RELATIONS COURT

AT MOMBASA

CAUSE NUMBER 552 OF 2015

BETWEEN

KENYA GLASS WORKERS UNION……………………………..……………………..………. CLAIMANT

VERSUS

MILLY GLASS WORKS LIMITED.…………………….……………………………………RESPONDENT

KENYA CHEMICAL & ALLIED WORKERS UNION……….........……………….INTERESETED PARTY

RULING

The Dispute involves recognition of the 2 Trade Unions, Kenya Glass Workers Union and Kenya Chemical & Allied Workers Union, by the Employer Milly Glass Works Limited.

The first Union seeks to be recognized by the Respondent Company.  The second Union claims it already has a recognition agreement with the Respondent Company.

A recognition dispute cannot be determined on an interlocutory application.  Secondly, the second Union is a necessary Party to the dispute, based on its Claim to already have a recognition agreement with the Respondent.  IT IS THEREFORE ORDERED:-

The Kenya Chemical & Allied Workers Union is added to the Claim as an interested Party.

The Claim be served upon the Respondent and the Interested Party.

The Respondent to file its Statement of Response, and the Interested Party to file its Memorandum of Interest, within 14 days of service.

Thereafter the Parties to fix the matter for mention with a view to setting a hearing date for the main dispute.

Dated and delivered at Mombasa this 11th day of August 2015

James Rika

Judge