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Court orders workers back

$100,000 fine for each day, starting at noon today, it does not obey an injunction ordering Government workers back to their jobs.

He also approved a writ that would allow the court to seize the union's assets and put them under the control of four court-appointed accountants. The union, however, has the right to go to court and ask to have this writ set aside.

The Supreme Court granted three additional injunctions against the BIU yesterday, ordering it not to continue illegal industrial action against Stevedoring Services, the Hotel Employers of Bermuda, and Cambridge Beaches, which is not an HEB member.

BIU president Mr. Ottiwell Simmons MP last night called on all union members to attend "the most important meeting in the history of this organisation'' at 9 a.m. today.

The union was under threat by Government and employers, he said. Yesterday's legal actions were unprecedented, and he was "satisfied'' it was an attempt by the "establishment'' to take over an organisation that belonged to the working people.

He did not say if the union would consider asking Government workers to return to their jobs. But he vowed the BIU's assets would never be seized.

Later, a Government spokesman said: "Nobody is trying or wanting to break the union. The actions that have been taken are simply designed to stop the union from breaking the law. If the illegal strikes cease, and if workers resume work as the court has ordered, then it will probably not cost the union one penny.'' Yesterday produced a mixed response to the union's call for all divisions to "suspend service.'' Bus service ran at about 25 percent capacity and ferries did not run, but fewer than 100 hotel employees were missing from their jobs.

Picketing continued at the docks and began at the entrance to Bermuda Forwarders. But there were no pickets at the airport where passengers were able to come and go, delayed only by an occasional shortage of taxis.

About 500 BIU members met in the morning, and another meeting last night began at 5:30 p.m. and continued long into the night. Yesterday's legal actions were discussed, and lawyer Mr. Ian Kawaley was present with Mr. Simmons for at least part of the meeting.

Government applied to Chief Justice the Hon. Sir James Astwood for the injunction on Monday, arguing that the BIU walkout was illegal under the 1975 Labour Relations Act.

That law forbids a strike that is not in the trade or industry in which the dispute exists, or if its object is to "coerce'' the Government, either directly or by inflicting severe hardship on the community.

The BIU has the right to apply to the Supreme Court to have any of these injunctions lifted or modified but has not yet done so.

HEB president Mr. Dennis Tucker said his organisation had complained to the Chief Justice yesterday that hotels were being made to suffer illegally and unfairly for a labour dispute between the BIU and a private trucking firm.

"This has nothing to do with the HEB,'' he said. "...We were surprised to find ourselves embroiled in this when the president of the Bermuda Industrial Union called on all of his divisions to suspend their services.'' The dispute that led to yesterday's problems involves 15 truckers who lost their jobs at Bermuda Forwarders last October, after walking out two times in support of a fired shop steward. One trucker has since applied for his job back and been rehired, and the BIU wants the company to take back the rest.

Last December, a non-binding board of inquiry supported the shop steward's dismissal but recommended the other truckers be rehired. Bermuda Forwarders has refused to follow those recommendations.

Mr. Simmons and Bermuda Forwarders president Mr. Toby Kempe met face to face on the issue for the first time yesterday morning, in a meeting with Premier the Hon. Sir John Swan.

Sir John said he offered a compromise "under which each side would equally accept responsibility to pay and to find jobs for those former employees who were not gainfully employed.

"Both sides took notice of the compromise solution offered, but, in the final analysis, it was not sufficient to resolve the dispute.'' According to one source, the Premier suggested that the company take half the workers and the union take the other half, and pay them until they find alternate work.

The source said Bermuda Forwarders refused to pay half the workers, but said it was willing to find them work. The union said the suggestion was totally unacceptable, the source said.

After the meeting, Mr. Simmons seemed visibly upset at what had taken place.

"It's pathetic the way things are going,'' he said. "...I went in calling for a solution. No solution was found and I came away without one. The meeting today was absolutely a waste of my time.'' Mr. Kempe, in a statement, said it was clear both sides believed they were right and the matter could only be settled by the Supreme Court.

That sentiment was echoed by Bermuda Employers Council president Mr. Michael Lohan, who is also managing director of Stevedoring Services.

"If Mr. Simmons is so sure that Bermuda Forwarders Ltd. have broken the law by not abiding by the board of inquiry ruling, then why will he not take them to court?'' "...Let the BIU and Bermuda Forwarders settle their problems between themselves. All employees have the right to work, and we appeal to everyone involved in this unnecessary strike to return to work to protect the future of this country.'' He also complained that the Employers Council had been unsuccessfully lobbying Government since 1981's big general strike to change labour laws "and here we are 11 years later going through exactly the same situation.

"Secret ballots at the workplace, expedited arbitration, final offer arbitration, and compulsory arbitration would have avoided this current situation had legislation been amended.'' Last night, Mr. Simmons said he only wanted a solution to the problem to the Bermuda Forwarders problem.

He said Government "should suspend the licence for every truck that's owned by Bermuda Forwarders until they come to an agreement.'' He said he did not tell BIU members what to do. "But I'm absolutely certain they are not going to see any judge or any Government or any employer...seize all the assets of this organisation. That ain't going to happen.'' He said he had lost respect for the Government. "To me, quite frankly, Bermuda is a country in really big trouble in the future.'' Later yesterday, Sir John said Government will continue trying to help the BIU and Bermuda Forwarders find a solution.

But in the meantime, he said, the union and its members must obey the law.

"The law has always been on the books and the court has seen fit to exercise it.

"The union by no means is under any threat, if an when people obey the law.

That's what it boils down to. I hope they obey the law.'' NO SOLUTION -- Bermuda Forwarders president Mr. Toby Kempe (left) leaves the Cabinet Office yesterday with the company's lawyer, Mr. Alan Dunch.