`Ignore us at your peril' was the message from BIU leader Derrick Burgess to Stevedoring Services in a heated exchange during yesterday's court hearing.

The BIU are seeking to overturn an injunction launched over February's overtime ban at the docks and they pointed to intimidation where a manager had hung two nooses in workers' lockers.

Under questioning from company lawyer Alan Dunch about the fight to get recognition for office workers at the dock Mr. Burgess said: "If you don't want to recognise us it is at your peril.

Mr. Dunch said: "What do you mean by that?'' Mr. Burgess said: "What I said.'' He refused to explain it. Mr. Dunch asked if he was threatening the company.

But Mr. Burgess countered: "Did I threaten you?'' The BIU's lawyer Delroy Duncan intervened. He said: "This is why we have industrial relations problems.'' Mr. Burgess then explained his comments. He said: "You will have to go to the Labour Relations, mediation and arbitration. That's what I mean by at your peril.'' He added: "What's the sense of being a member if you don't get any benefits or privileges. Why would I join Mid Ocean Golf Club? To play golf.

"Why would I join a union? To enjoy the benefits and privileges of being a member.'' And Mr. Burgess said the union hadn't indulged in industrial action short of a strike which the company claimed because the contract said there was a working week of 37 and a half hours which the union had stuck to.

Anything above that was overtime and it was the workers' choice whether they wanted to work over that, said Mr. Burgess.

Judge Vincent Meerabux told the court that there was no law which could force people into working overtime except in national emergencies.

To which Mr. Duncan replied: "If that's the case, if the defendants refused to do overtime there should be no reason to have us here.'' Mr. Dunch said: "Nowhere did you see a reference to compulsory overtime. It's a fundamental tenant of human rights that no man can be forced to work.'' Earlier he had told The Royal Gazette that the company's case was that the union were continually disrupting work to exert pressure in labour disputes - an action known as industrial action short of a strike.

He said: "If they don't get what they want they call their boys out.'' Since September 1998 there have been five overtime bans, two strikes, a sick-out and a stoppage.

And he pressed Mr. Burgess four times on whether his union would abide by the court's decision if it upheld the injunction.

Mr. Burgess said: "No one can make you work overtime. Do you understand me?'' "It says you must work overtime if there is a crisis - and we will work. "If you are trying to make me disrespect the Lordship then don't try that.'' The BIU pointed to management provocation which had sparked disputes.

Mr. Duncan said: "It could be a scenario where the employer provokes conduct on the part of the employees and the employer seeks relief of the court without having clean hands.'' Earlier BIU First Vice President had said assistant superintendent Cecil White had left a noose in the locker of docker Kenneth Castle in September 1999 with a note saying `this is for you' after the pair rowed.

Mr. Furbert said the management had argued at that time that both men were to blame. Mr. Furbert said: "The workers were enraged, they wanted something done.'' And Mr. Duncan pointed out that the union were unlikely to miss lucrative overtime work unless they had been provoked.

He said: "If they are provoked there is already a breach of contract.'' Yesterday both management and union said they expected work to go ahead on unloading the Oleander and the Somers Isles when they arrive on Sunday.

On Friday work had slowed to a snail's pace as management filled in because the workers were supposed to be attending the hearing.

However Mr. Dunch pointed out that only 13 of the 32 workers packing the gallery were dockworkers, leading to a delay while those who weren't supposed to be there shuffled out.