Maxwell Burgess threatens legal action against ferry workers By Tim Greenfield Striking Marine and Ports workers looked set to return to work today after they were threatened with legal action.

Labour and Home Affairs Minister Maxwell Burgess issued the ultimatium after arranging for both sides in the two-day dispute to go to mediation, and then arbitration if that failed.

An injunction was served on the 90 Bermuda Industrial Union marine members last night, ordering them back to work, and union president Derrick Burgess said he was hoping the men would end their action today.

"I am hoping to see them back at work,'' he said last night from the House of Assembly.

Yesterday there were no ferries and the Horizon cruise ship left Hamilton without a tug.

Mediation has been set up for Monday with Cannon Francis and the Rev. Godwin Smith taking the session with Marine and Ports and the Bermuda Industrial Union members.

The dispute surrounds the return to work of controversial tug pilot Kenneth Todd, who was involved in a confrontation last year between a tug and fishermen who were concerned over the sinking of the doomed Chinese freighter Xing Da .

Arbitration had ordered him back to his job after BIU members refused to work with him, but there was a walk out of Marine and Ports staff when he reported for duty.

An outstanding grievance was not settled at arbitration and Maxwell Burgess said he wanted all matters cleared up in the next week's sessions.

"I have asked that any issues from the two parties are brought forward. I have asked Barry Meade if he would act as arbitrator and I am hopeful that it will take place on Wednesday.'' Meanwhile an experienced charter vessel captain has questioned the use of tugs for the berthing of cruise ships, especially as ships have been working without them during the stoppage.

Curtis Dawson asked why, if it was necessary for the ships to have tugs alongside, the Horizon was allowed to leave Hamilton with just a pilot on board.

And he added if there was no requirement for ships to have a tug, why were they used.

But George Butterfield of Meyer Agencies, who handle the Horizon , said the only requirement was that a tug should be on standby if there was one available.

If no tug was available, then the ships could leave on their own unless weather conditions were poor, when the vessel would remain in port, he said.

The tugs costs the cruise ships $1,500 for each movement, with that rate doubled at the weekend.