Essential produce was offloaded from the Oleander yesterday morning despite challenges brought about by an overtime ban and two broken cranes.

There was a huge backlog of empty shipping containers clogging up the cargo dock on Hamilton Harbour owing to the two issues.

Meanwhile, the Bermuda Industrial Union’s executive board issued a statement maintaining that the ban by its port workers division, effective from June 13, would remain in place for six months and be subject to monthly reviews, owing to a longstanding legal dispute 
between the union and the firm.

Randy Rochester, the chief executive of Polaris, the holding company for its Stevedoring Services Ltd subsidiary, which operates Hamilton docks, would not comment on the dispute, saying it is being dealt with in the courts.

He said yesterday afternoon that one of the two cranes used was operational and that he hoped the second would be back online as soon as possible, at which point it would be “business as usual”.

Under the Trade Union and Labour Relations (Consolidation) Act 2021, port and dock services, including pilotage, tug and line boat operation not related to cruise ships, are an essential service.

The ban stems from a long-running dispute over the dismissal of Chris Furbert Jr, the son of Chris Furbert, the BIU president, from SSL in 2020 after a clash with management. However, the tribunal ordered that there was no obligation for him to be reinstated.

Industry insiders voiced concerns about the dock issues having the potential to drive up costs and create food insecurity.

The BIU said in a statement that its members “understand the critical importance of cargo services to Bermuda’s economy and daily life”.

It added: “As such, essential cargo will continue to be prioritised and handled appropriately during regular working hours.”

Speaking to the ongoing legal dispute, it said that “allowing internal grievance mechanisms, judicial reviews and tribunal proceedings to run their course, members are now taking a principled stand based on the broader implications of SSL’s approach to labour relations”.

It said: “While the legal process continues in the courts, the members have decided to take a collective stance in defence of their CBA.”

The BIU said it was open to dialogue and resolution.

Mr Rochester said: “This entire matter is before the courts, so it would not be in SSL’s interest to pre-empt the hearing date.”

He said the now-functioning crane was repaired by a local team but the second crane required someone to be flown to the island because the problem was “quite complex”.

One spare crane owned by a construction company that could have assisted with the backlog was already tied up with jobs in Dockyard, he said.

Asked if the cranes were operating within their recommended life cycle, Mr Rochester 
responded: “Equipment life
cycles can vary from one manufacturer to another. However, our machines are within that range, so we are good.

“The issue with anything mechanical is that it can break down at any time. This was rare — having both machines go down for the few days.

“It should be important to note that we have a very robust maintenance schedule with all machines in operation.”

Mr Rochester said SSL had contingencies in place “for most matters” and that the ban would not affect its operations because it could discharge and backload the ships to ensure they remained on schedule.

He added: “With both cranes being down on Friday of last week, there have been some delays, but we are working to resume normalcy as a matter of priority.

“These goods are shipped in refrigerated containers and are temperature-controlled, which prevents any spoiling.”

Asked how vulnerable Bermuda was in terms of risks associated with how we receive our goods, Mr Rochester said it was a question better suited for the shipping lines.

However, he added: “I would say that they [the shipping lines] are extremely good at what they do and, as such, will continue 
to service the needs of the country as they have for years, which aligns with SSL objectives.”

• UPDATE: this article has been amended to clarify that the overtime ban was implemented by the BIU’s port workers division, not its marine and ports division, as earlier stated