Bermuda Industrial Union president and PLP MP Derrick Burgess should resign unless he can explain comments he made with reference to a Supreme Court judge's ruling on dock worker's overtime ban, a shadow minister has claimed.

Shadow Labour and Home Affairs Minister Michael Dunkley made the claim yesterday after Mr. Burgess called a recent ruling by Puisne Judge Vincent Meerabux "the most repressive in the history of worker's rights in Bermuda''.

While the BIU will appeal the decision, which ruled that general overtime bans were illegal, Mr. Burgess did not rule out further walkouts once dock worker's normal working hours have been completed.

But Mr. Dunkley said yesterday: "Mr. Burgess and the BIU have access to the full course of action available to them. They can appeal. I don't have a problem with that.

"But the real concern of the UBP is that as President of the BIU and a Member of Parliament, Mr. Burgess is looked up to by his membership and Bermudians as a whole for leadership in either role.

"It is irresponsible to say such things in the wake of a decision of a judge.

It's almost close to advocating anarchy and lawlessness,'' he said.

"It doesn't bode well when a leader says things like this. He's urging his membership to disobey the laws of the land. There is a proper way and that's an appeal under the law.'' Mr. Dunkley emphasised he supported the union and its protection of worker's rights, but said Mr. Burgess' comments were concerning because he has made similar outbursts and encouraged demonstrations -- including marches on Parliament -- in the past.

He added that comments Mr. Burgess made in March directed at Stevedoring Service's lawyer Alan Dunch -- in which he said the dock company could challenge the union "at its peril'' were part of a troubling pattern from the union boss.

"This type of leadership is just not acceptable,'' Mr. Dunkley said.

"Clearly he appears to be trying to make a mockery of the judicial process.

It's showing the court a total lack of respect. He's expected to provide leadership by example.'' He added: "I'm asking him to come back and clarify his comments, if he's man enough or resign from the posts. Bermuda deserves better and stronger leadership in this new century.

"Don't try to disrupt the system. Bermuda is clearly being taken down the wrong path. This is not an attack on the union, I have support for it but I must speak out when something is wrong.'' Mr. Dunkley concluded: "I know of union members who are concerned with what has gone on over the last week and I share their concerns.'' Last night Mr. Burgess was not prepared to comment immediately on Mr.

Dunkley's remarks.

Michael Dunkeley