Port Workers Enforce Overtime Ban
The Port Workers Division of the Bermuda Industrial Union have imposed a six-month overtime ban.
A spokesperson said, “The Port Workers Division of the Bermuda Industrial Union [BIU] wishes to make one point clear: this is not a strike.
“The Division implemented an overtime ban effective Friday, June 13, 2025, at 4:30 p.m. This action will remain in place for a period of six months, subject to monthly review by the membership.
“Members continue to report to work and fulfill their contractual responsibilities between 8:00 a.m. and 4:30 p.m., Monday through Friday. They remain committed to the public and understand the critical importance of cargo services to Bermuda’s economy and daily life. As such, essential cargo will continue to be prioritized and handled appropriately during regular working hours.
“This collective decision stems from a longstanding and unresolved labour dispute between Stevedoring Services Limited [SSL] and a BIU member who was terminated on February 6, 2020. While the Division respected the legal process; allowing internal grievance mechanisms, judicial reviews, and Tribunal proceedings to run their course, members are now taking a principled stand based on the broader implications of SSL’s approach to labour relations.
“After nearly five years, a Tribunal ruled in September 2024 that the dismissal was unjustified. However, it declined to order reinstatement, despite awarding costs in line with the Collective Bargaining Agreement’s [CBA] Reinstatement Rights article, which designates reinstatement as the primary remedy in such cases. SSL is now appealing against that decision, and the Union has also filed an appeal challenging the Tribunal’s failure to enforce the reinstatement provision.
“While the legal process continues in the courts, the members have decided to take a collective stance in defense of their CBA. The workers believe that their collective rights are under direct threat, and they will not wait while the employer attempts to erode fundamental protections enshrined in their CBA.
“Their concerns include:
- “SSL’s deliberate attempt to sidestep the negotiated grievance procedure, including the circulation of an internal memo in 2020 that threatened punitive action against staff shortly after the member’s termination;
- “SSL’s repeated use of legal challenges, including an unsuccessful judicial review and an unsuccessful appeal which challenged the well-established definition of a “labour dispute” as set out in Bermuda’s labour legislation. These actions served no legitimate purpose other than to delay due process, prolonging the matter for more than two years [2021-2023] and placing unnecessary strain on both the affected member and the Union;
- “SSL’s refusal to uphold the CBA’s Reinstatement Rights article, arguing that reinstatement is not a guaranteed remedy even in cases where a dismissal has been found to be unjustified;
- “Rising legal costs that are being incurred by SSL through continued litigation on this matter, which directly reduces the members’ profit-sharing benefits;
- “The fear that if this key provision of the CBA can be undermined, others may be vulnerable to similar challenges or reinterpretation;
- “The dangerous precedent this dispute sets, not just for Port Workers, but for all BIU members and organized labour across Bermuda. If employers can pick and choose which CBA articles to follow, and use the courts to delay enforcement, the foundational purpose of collective bargaining will be undermined.
“Rather than engage with the union to resolve the issue in good faith, SSL has opted to bring in non-unionized workers after hours to perform overtime work normally handled by BIU members. This decision raises serious concerns about a potential return to divisive practices of the past, specifically, the troubling precedent set in the 1940s, when non-union “volunteers” were brought in to break the back of dockworkers’ collective action. We cannot allow history to repeat itself.
“This overtime ban is a lawful and principled response to the erosion of key worker protections. The members believe strongly that if a dismissal is found to be unjustified, reinstatement must be the default remedy.
“The Division remains open to dialogue and resolution. We call on SSL to abandon the path of legal obstruction and instead engage with the BIU in restoring integrity to the collective agreement so that all workers, present and future, can be protected under its terms.”
