night after letter evidence emerged which indicated the union knew that Friday's hearing was to be private -- despite his claims to the contrary.

On Friday, Stevedoring Services' lawyer Alan Dunch blasted the union for missing nearly four hours of work despite being twice-warned that dock workers had no hope of attending a court session over the issue of costs against the union.

Mr. Burgess said the company was told three days earlier that the workers intended to go to the hearing and the union only learned it would be held in the Judge's office when they arrived at the Supreme Court.

However two letters allegedly sent to the union the day before the hearing, and since obtained by The Royal Gazette , contradicted this.

Stevedoring Services Human Resources Manager Milton Scott wrote to Portworkers Division President Jack Castle to say the matter would not be held in open court.

The letter said: "Considering this, we are only granting permission for the officers of the Portworkers Division of the BIU to attend the hearing.

"Any other worker who is absent from work without authorized leave will not be paid.'' And a letter from Mr. Dunch to the BIU's lawyer Delroy Duncan said: "Please advise your clients of the contents of this letter and confirm they will not cause any disruption to the smooth running of the docks tomorrow by work stoppages in order to attend a hearing where their presence is not required in any event.'' Mr. Burgess was asked about the letters yesterday afternoon.

The taped exchange went as follows: Reporter: "Management said they had sent you a letter and told about it.'' Mr. Burgess: "No, no such case. Why would they communicate that to us? They don't represent us.'' Reporter: "No, but they were worried that you weren't going to come into work so they said okay, it's going to be private.'' Mr. Burgess: "If it was going to be in an office, I guess only they and the judge knew. Certainly we didn't know, nor did our lawyer know.'' When he was later challenged about the letters, Mr. Burgess stuck to his original statement and refused to comment further.

However Mr. Dunch said: "For what it's worth, we will be saying to all dock workers that Thursday's hearing is also to be heard in the judge's chambers and there is no need for them to attend.

"We expect them to be at work. If not, they won't get paid.'' At his earlier press conference, Mr. Burgess said it was "strange'' and "a bit fishy'' that the venue for the hearing was changed from the court room to the Judge's chambers behind the room.

And he pointed out that previous hearings which were in chambers, which is supposedly a private hearing, were still open to his members and the Press.

He said: "The only people he (Puisne Judge Vincent Meerabux) allowed in were the defendants and the Press, which was crazy because once you let the Press in you let the public in but he told the public they had to leave.

"The first two hearings were held in chambers but we were present and that's what we thought would happen again.

"The workers came the first two times. They were named in the court action and if you are named you should be there.''