Last week’s industrial action by Marine and Ports staff was “irregular and unlawful”, according to Home Affairs Minister Michael Fahy — but ferry workers will remain on strike this morning.

Bermuda Industrial Union head Chris Furbert said that striking workers had never refused to do work deemed as essential services under the law.

The Act covers port and dock services, including piloting, tug and line boat operation.

“Anything essential, they will do — if, for example, management says a boat needs to be tied up, they’ll do it,” Mr Furbert said.

But the ferries will not be running as the dispute simmers on.

In a statement issued last night, Senator Fahy said he hoped that “common sense will prevail and that all services return to normal”.

The Minister defended Government’s decision last Thursday to serve an injunction on the union, saying industrial action required 21 days’ notice for essential services.

“The BIU and Government have talked repeatedly about the importance of following the Collective Bargaining Agreement and the statutory regime,” Sen Fahy said.

“In my view, when that is not followed, parties have the right to seek relief from the courts. It is terribly disappointing that things have come to this — especially since the BIU was clear two weeks ago that following the process was important.”

The dispute broke out over long-standing complaints by Marine and Ports workers that calls for repairs to the Island’s fleet had been stonewalled by management over the past three years.

Sen Fahy said the matter had been referred to arbitration with Craig Rothwell as chairman and Michael Bradshaw and Paget Wharton as tribunal members.

As a result, both Marine and Ports and disgruntled Department of Parks staff “should return to work”, Sen Fahy said.

However, unionised workers have expressed anger at the move — telling Mr Furbert that recent years of arbitration had “done nothing” to resolve the dispute.

By the Minister’s own admission, transport is not deemed an essential service under the law.

The BIU’s executive board has called for a Board of Inquiry to resolve matters.

Sen Fahy last night called the request “somewhat academic” since Labour Dispute notices had already been published and the Tribunals established.

“However, the Ministry will endeavour to reach out to the parties in this regard in any event,” he added.