that no collective agreement existed with bosses when he was fired on Good Friday this year.

Mr. Erwin Whitter said union pension contributions were being taken from his weekly pay cheques around the time of his dismissal.

This was in line with a collective bargaining agreement between Grotto Bay and the Bermuda Industrial Union, he claimed.

And it totally contradicted management claims no agreement existed.

Mr. Whitter, a stores and purchasing manager with the hotel, was the first union witness at this week's sitting of the Essential Industries Disputes Settlement Board.

It is hearing arguments over the dismissal of Mr. Whitter, and two other Grotto Bay staff -- bartender Mr. Larry Robinson, and dining room captain Mr.

Barry Smith.

The board has been asked to rule on whether a collective agreement exists between the BIU and Grotto Bay.

It must also decide whether the hotel committed an unfair industrial practice and a remedy should be granted.

In addition it should find a resolution to the dispute over the fired employees.

The union claims the men were dismissed unjustifiably; management reject that, and argue the BIU has had no standing at the hotel since February 24, 1991.

Mr. Whitter, of Hamilton Parish, was called to the witness stand on the third day by BIU president Mr. Ottiwell Simmons MP.

He told the hearing at Cathedral Hall he had worked at Grotto Bay almost seven years, firstly as a bar porter.

Under questioning from Mr. Simmons, Mr. Whitter said he chose to become a BIU member.

He testified he was working under a collective agreement with management when he was fired.

"It is the only one we have.'' Mr. Whitter went on to produce cheque stubs, claiming they represented weekly payment around the period of his dismissal.

"Union pension has been deducted in accordance with the collective agreement,'' he stated.

Asked Mr. Simmons: "Could it have been deducted in accordance with any other agreement?'' Mr. Whitter replied: "No.'' Mr. Simmons asked: "When you were fired did management tell you you were entitled to any other pension benefits other than those in the collective agreement book?'' Again Mr. Whitter answered: "No.'' Mr. Whitter said the hotel's general manager Mr. George Robinson held a general staff meeting in October, 1991 at which he presented a new pay and conditions contract.

"Basically he wanted another contract and wouldn't recognise the union,'' claimed Mr. Whitter.

He added: "I was really annoyed at the fact. I said to Mr. Robinson we have a collective bargaining agreement and business like this should go through the BIU, which did not take place.'' Earlier, in an opening address, Mr. Simmons claimed Grotto Bay staff had petitioned against entering into a new contract.

Staff also voted against it, and on December 31, 1991 a picket line was set up outside the hotel.

Two union witnesses have been subpoenaed to appear before today's hearing -- Chief Shop Steward Mrs. Deborah Fox, and Kim Wilkinson.

The hearing will continue until Friday, before resuming on September 16.