hotel would not be bound by the ruling of the Essential Industries Disputes Settlement Board.

He noted that the Act indicated the hotel should be bound by the agreement but said nothing was mentioned regarding penalty if it did not comply.

"It's a futile exercise,'' he said. "The hotel is not going to change its policies.'' Meanwhile, the Bermuda Industrial Union was asked to present examples of employee grievances.

The Board is hearing arguments over the dismissal of former assistant shop steward, Mr. Erwin Whitter, and two other Grotto Bay staff -- bartender Mr.

Larry Robinson and dining room captain Mr. Barry Smith.

The Union claims the men were dismissed unjustifiably. Grotto Bay management assert that the BIU has had no standing at the hotel since February 24, 1991.

The Board told BIU president Mr. Ottiwell Simmons that it was its job to rule on whether a collective agreement exists between the BIU and Grotto Bay Hotel.

Chairman, lawyer Mr. Michael Mello said it then had to decide whether the hotel committed an unfair industrial practice and if a remedy should be granted.

The point Mr. Simmons should be dealing with, he said, "was whether the hotel followed the grievance process in the collective agreement.'' However, he agreed with Mr. Simmons that if the answer to the first question -- whether a collective agreement exists -- was "no'', the Union would have no place to bring its grievances before the tribunal.

Ms Deborah Fox, Chief Shop Steward, said there were instances which the Board needed to address concerning employee grievance at Grotto Bay.

"Erwin Whitter, Larry Robinson and Barry Smith, and there are more,'' the activities director said.

The hearing adjourned yesterday and will resume on September 16.