Workers are to defy the law today and continue to withdraw their labour despite the risk of fines and prison after Government referred the Bermuda CableVision dispute to a tribunal.

Labour Minister Randy Horton lost patience after Government mediated five hours of talks in which strategies including voluntary arbitration and a board of inquiry were rejected.

But last night the Bermuda Industrial Union was set to continue its support action with leader Derrick Burgess refusing to open the letter from Government invoking the Trade Disputes Act.

Instead the 4,000-strong union is calling its members to another 9 a.m. meeting at BIU headquarters where the letter will be read to members.

And the BIU is urging members to boycott CableVision by returning its set-top boxes as the dispute over two sacked workers drags into its third day.

Yesterday children and commuters were late as ferries and buses ground to a halt as union members gathered for a general meeting before around 600 marched on CableVision's two Hamilton offices.

The dispute, which the BIU is refusing to call a strike, halted rebuilding work on the shattered Causeway while BTC said support for the sympathy action was increasing with most workers staying away and losing pay.

Roundtable talks held later failed and Government opted to use the full force of the law.

Government said it is the first time the Progressive Labour Party have used this law against the BIU, but when it was used against the teachers last October it was ignored for a week but teachers lost pay.

Mr. Horton said: “I wish to emphasise it was with some reluctance that I have taken the decision to refer this matter to the Trade Disputes Tribunal for settlement.”

But his said his protracted efforts at a voluntary settlement had failed.

“But these are extraordinary times. We are recovering superbly from the ravages of Hurricane Fabian. We can ill afford to allow any further interruption of services in the community.”

Mr. Horton said he expected BIU workers to end their action.

He said: “I am just appealing to the people of Bermuda to recognise we need to have our services up and running.

“We are in very difficult times for many people and as a Government we are reaching out to ask they come back to work.”

The Trade Disputes Act 1992 gives a maximum fine of $5,000 and/or two years in prison.

Mr. Horton said it was up to the courts to impose sanctions for lawbreakers not Government.

“Now that it's gone to the courts it's out of my hands.”

He said an injunction would be the next step if the ruling was flouted and would name every employee still out.

Asked if fining employees could create martyrs, Mr. Horton said: “You are always concerned about that but we are appealing to people to be very thoughtful and think of our entire island not just themselves.

“We as a Government will be looking at providing legislation which maybe would be smoother than the situation we are presently sitting in.”

Mr. Horton said he was concerned about the continuing ructions at CableVision.

“If it's the same people fighting each other then something is inherently wrong in that relationship. That's something I will be taking a look at.”

Bermuda Employers Council president Eddie Saints said: “We are appalled the alleged incident that has taken place between CableVision management and two of its employees has amounted to an unlawful mass strike action affecting a number of essential and government services.”

The BEC said the CableVision collective bargaining agreement and numerous labour acts had grievance handling procedures but instead the union had opted for an unlawful strike.

“Unfortunately the BIU has stepped over the boundary of fair and responsible practice in a time of national recovery as a result of Hurricane Fabian.

“There is still a significant portion of our community without basic services and the action taken this week is further delaying the restoration of these services to our community.”