in his bid to prove a collective agreement exists between thes union and the Grotto Bay Hotel.

BIU president Mr. Ottiwell Simmons MP was told he could not rely on the Ronald Haughton findings as evidence.

The declaration strikes at the heart of the union's fight with Grotto Bay over three fired workers.

Earlier this year professional arbitrator Prof. Haughton ruled in the BIU's favour in another clash with the hotel over its scrapping of compulsory tipping, and discontinuance of union dues.

Mr. Simmons claimed the rulings were based on evidence a collective agreement existed.

And he has dubbed the Haughton findings central to the BIU's case.

Grotto Bay, however, has argued no agreement exists, and the union has no standing at the hotel.

Yesterday Mr. Simmons was stopped in his tracks as he launched the union's arguments over the dismissed employees.

Mr. Michael Mello, chairman of the Essential Industries Disputes Settlement Board, told him: "Ronald Haughton does not prove your case for you.'' He stressed, however, Mr. Simmons could use the Haughton rulings as a "persuasive'' tool.

The disputes board is sitting at Cathedral Hall to hear arguments over the firing of dining room captain Mr. Barry Smith, bartender Mr. Larry Robinson, and store room manager Mr. Erwin Whitter.

It has set out to consider three issues: Does a collective agreement exist between the BIU and Grotto Bay? If so, has the hotel committed unfair industrial practice, and should a remedy be granted? Find a resolution to the dispute over the fired employees.

Grotto Bay has argued the first two issues could not be dealt with by the board.

Yesterday's morning session was taken up with more wrangling over preliminary matters.

Management was defeated in its bid to have the hearing adjourned until September.

Hotel lawyer Mr. Alan Dunch, with general manager Mr. George Robinson at his side, explained there had not been time for him to be briefed over the issues.

He had only found out the dispute was being referred to arbitration on June 30.

Mr. Dunch, also involved in other labour matters, accused Government of "pulling the rug'' from under him by its referral.

"I have not been instructed as to the merits of the matter. My sole instruction is that all three employees were justifiably dismissed.'' Mr. Dunch later announced he had just been notified by Government about an official referral of the Bermuda Forwarders row to the new Trade Disputes Tribunal.

This would be a further time-consuming burden for him to carry.

Mr. Simmons pressed for the hearing to proceed, saying he was prepared to put the union side first.

He also branded management's successful bid to ban TV cameras from the hearing as a ploy to prevent people witnessing its stonewalling tactics.

After a break, the board ruled the hearing should proceed in accordance with the "spirit'' of the law. The union could open its case first, and the hotel could recall any witnesses for cross-examination, Mr. Mello said.

He directed the hearing continue the rest of this week, and then be adjourned until September 16.

Mr. Dunch labelled the ruling "fundamentally unfair''.

The proceeding continues at 2.15 p.m. today.