mandatory overtime dispute.

The go-ahead came from the Court of Appeal which the day before ruled against the BIU on the issue.

Representing the senior leadership of the Bermuda Industrial Union and its dockworkers division, lawyer Delroy Duncan put forward the motion to launch the appeal to the Island's court of last resort in London.

Appeals to the Privy Council must be shown to be of "great general or public importance'' before a lower court grants permission to take the appeal to London. Mr. Duncan said the current Labour Act both "supports and negates'' the requirement for dockworkers to work overtime "as needed'' by employers, Stevedoring Services.

"This has serious implications with respect to their livelihood,'' he added.

"And it has serious implications for other workers in industries that have been deemed essential industries.

"They want to test whether or not they need to be required to work overtime from the outset or do they have the right to refuse to work on an as needed basis.'' Stevedoring Services' lawyer Alan Dunch admitted to the court he thought the judges would take some time to render a judgment in the case -- as opposed to the half hour they did take -- and had not received proper instructions from his clients.

While he would not object to the application, he did have "general observations'' as to the requirement for approval to have two "full'' tests rather than one combined one.

"Setting aside whether the matter is of great public importance,'' Mr. Dunch explained, "I invite you to consider whether it is a matter grave enough to trouble Her Majesty in Council.

"It is still incumbent on this court as the final court of appeal in this jurisdiction to determine whether they should be troubled with this,'' he added. "Bearing in mind it is an interlocutory matter, I'll leave it to Your Lordships.'' While the Court of Appeal fired pointed questions at Mr. Duncan, it deliberated for more than ten minutes before President Sir James Astwood accepted the application.

UNIONS UNS