Dockworkers have called a temporary halt to their overtime ban pending a court showdown next month.

Yesterday they upped the stakes in the dispute by seeking to overturn the contempt of court action by Stevedoring Services.

Earlier yesterday morning, a throng of Bermuda Industrial Union workers, led by president and Government backbencher Derrick Burgess, paraded from BIU headquarters through downtown Hamilton to Supreme Court One.

Government ferries stopped running as Marine and Ports workers answered the call, though management kept the docks working. Unionised construction sites also downed tools, though it appeared public transportation remained in service.

The legal gambit could see the Union pay minimal costs if they win their case but could also see BIU leaders jailed if they lose and continue to flout the overtime ban.

In Supreme Court, BIU lawyer Delroy Duncan argued the injunction was based on a contempt of court decision which failed to take into account a part of the collective agreement which said overtime bans were allowed with five days' notice.

Mr. Duncan said: "The 1998 injunction did not include the vexed question of 23(1D) of the collective agreement.

"My client felt the issues were established by the September, 1999 arbitration tribunal.

"My client's position is a matter of general public concern -- not just to defendants but to all members.

"The issue of compulsory overtime, as they see it, has grave consequences for the labour force.'' However lawyer Alan Dunch, who represents Stevedoring Services, told The Royal Gazette that the section dealt only with ad hoc overtime bans and was not for ongoing disputes.

Puisne Judge Norma Wade Miller told the court she had not seen the BIU affidavit while Mr. Dunch said he had not been given sufficient time to prepare, so the case was adjourned to March 16.

And Mrs. Justice Wade Miller urged the union to get its members back to overtime work. But she stressed: "I am not trying to tie your hands.'' Mr.

Dunch said: "If the BIU win, the likelihood is that any punishment will be nominal. If they lose they will be expected to continue to abide by the terms of the injunction. If they continue with their action then they will be severely dealt with.'' Mr. Dunch said fines or even prison would then be possibilities.

After the court session BIU president Derrick Burgess said: "The dockworkers have decided in the national interest to lift the overtime ban.

BIU's Burgess vows union to stand firm "We want to make it clear that lifting the ban is no indication from us that we are accepting that overtime is compulsory.

He added: "We would have liked it sorted out today but the judge wasn't prepared to play so we have to come back on March 16.'' And he denied there had been moves to end weekend work and restrict the ships to coming between Monday and Friday.

He said: "We haven't heard anything about changes -- normally for anything to happen they must talk to us first.'' Mr. Burgess was asked whether he thought the dispute would be resolved before March's hearing but he said the union was no longer talking to the company.

But he said: "We are confident it will be resolved in our favour because we are doing what's right, you just can't take people's civil human rights away from them. We'll stand firm.'' The court had indicated on Thursday the case would be heard in private but workers packed the courtroom.

Mrs. Justice Wade Miller said: "We decided to relax the rules to allow the interested parties to be in.''