As the hearing got sucked into a quagmire of procedural issues, his tone and demeanour increasingly reflected that of an exasperated man.

From the word go in yesterday's sitting of the Essential Industries Dispute Settlement Board, chairman Mr. Zack was faced by complaints that: There were no microphones; The acoustics were awful, and people had difficulty hearing each other speak; There was no secretary recording the goings-on; and The HEB had not been told only two weeks were set aside for the hearing. As a result one of their witnesses could not attend.

It was an inauspicious start, but at least hotels lawyer Mr. Stephen Shawe and Bermuda Industrial Union president Mr. Ottiwell Simmons were moaning in unison.

They agreed the Cathedral Hall was not properly kitted out for the hearing.

After one of a string of behind-closed-doors discussions by board members, Mr.

Zack declared microphones would be in place at the next sitting.

No promises were made on a secretary.

Mr. Simmons and Mr. Shawe -- who fenced with each other with the familiarity of old adversaries -- were not done with, however.

Despite Mr. Zack's appeals "to get on with things'', Mr. Simmons then objected to the appointment of retired hotelier Mr. Gordon Asbury to the board.

As a man with links to the hotel industry, he believed Mr. Asbury's mind was skewed in favour of the employers.

The biggest headache for Mr. Zack was still to come, however.

With the clock hands showing 3.30 p.m., the issue arose of who was to present his arguments first -- Mr. Simmons or Mr. Shawe.

Neither side appeared willing. Forty minutes later, a compromise was reached after another round of private discussions.

"Each side have the right to choose an initial issue for going forward. The HEB will choose the first issue,'' Mr. Zack ruled.

Asked by a Royal Gazette reporter to sum up the hearing so far, Mr. Zack, from Boston, responded with a smile: "I've had easier days.''