Container loads of fresh produce and Christmas trees were left on board the cargo ship Oleander all day yesterday after unionised port workers exercised a contractual right not to work in the rain.

Port workers were going to be called in to work overtime last night if the rain stopped, Stevedoring Services operations manager Mr. Stephen Copeland said.

Otherwise, the goods would remain on board the ship until the showers eased off.

A clause in the Bermuda Industrial Union Portworkers division contract says they do not have to offload containers in the rain for safety reasons.

At Press time last night, it was still drizzling and Mr. Lewis said stores were unlikely to see their goods until late today.

Mr. Copeland said management had been trying for years to change the rainy weather clause.

"Some things you can change, some things you can't,'' he said. "But we haven't given up trying. We would like to be in a position to deliver our service.'' Bermuda Industrial Union president Mr. Ottiwell Simmons said: "We are working in accordance with our collective bargaining agreement, as supervised by management. Any complaints should be directed to them.'' Annoyed shipping agent Mr. Robert (Skippy) Lewis said his customers faced the same problem last week when the Oleander also arrived on a rainy day.

Grocers were particularly concerned about their refrigerated containers -- full of fresh foods which they wanted to get out on the shelves.

"What would happen if the airline industry had to hold planes here every time it rained -- and cargo and luggage could not be offloaded?'' he asked.

Mr. Copeland said a number of containers of Christmas trees were also stuck on the ship. And they would not come off until all "priority'' refrigerated containers had been offloaded.

Mr. Lewis, vice president of Container Ship Management, which operates the Oleander , said he had received numerous complaints from customers who were losing money as long as the goods were off their shelves.

Food store owners were particularly concerned about refrigerated containers loaded with fresh produce, dairy goods, meat and poultry.

And today was many supermarkets' discount day. The problem was "nothing new'', Mr. Lewis said.

"The men won't work in the rain,'' he said. "They feel it's dangerous. Every time it rains this problem comes up. It's time to find other ways in which to accomplish the work.'' Nearly every other port in the world was able to offload containers in the rain, he charged.

He suggested Stevedoring Services bring in equipment such as large cranes to do the job although he noted such equipment would probably take the place of a number of port workers.

Mr. Lewis pointed out his customers had been faced with a double delay this week.

The Oleander arrived a day late yesterday due to a storm in the North Atlantic. And it was met by showers, which continued all day.

Mr. Copeland said the rainy weather clause surfaced every time workers' contracts were up for renewal and it was always a "hardy angle''.

He conceded the tops of the containers were "slippery when wet''. But he felt workers could get around the problem.

Mr. Copeland said the equipment Mr. Lewis was talking about was "extremely expensive'' and would require "rebuilding the entire dock''.

He believed the only answer to the problem was to change workers' contracts.

But Mr. Lewis said, "The end result (of bringing in the machinery) will increase the efficiency of the port and benefit the shipping industry and the merchants, who are the ones who pay for the service . . . If the service is not provided, it's the average shopper who ends up paying for it.''