Unionised firefighters at the airport are set to issue another strike notice in the long-running battle with bosses Serco.

The move came after Assistant Justice Philip Storr granted an injunction yesterday barring them from an arbitration hearing set up by Government to come up with a new pay deal.

Bermuda Industrial Union (BIU) President Derrick Burgess said the matter had been referred to a permanent arbitration tribunal by the Labour Minister last year after the union has issue a strike warning.

He said: "The courts have now put an injunction on the union, which stops the union attending the hearing before the Permanent Arbitration Tribunal in compliance with the law. The union has no options but to issue a fresh 21-day strike notice in accordance with the Labour Relations Act 1975."

Mr. Dunch said the judge had taken this decision because the issue of union recognition was still before the courts. The row started after the BIU became recognised as the sole bargaining agent for some of the employees at Serco Aviation Services in 1996. In January 2001 eight non-union members of the workforce, which numbers around 14, wrote to the Labour Ministry saying they didn't want to be represented by the union for collective bargaining agreements. In February the union argued those who had never been in the union or who had resigned from it could not take part in a ballot seeking to cancel union certification.

Because of the confusion the Labour Ministry referred it to a three-person tribunal.

The majority decided union members could form one bargaining unit and non-union members another and those who were not in the union could still vote in a ballot cancelling union certification.

The union claimed the company was refusing to negotiate a new collective bargaining agreement. This sparked their strike threat last year before Labour Minister Terry Lister referred it to the tribunal they are now barred from attending.

Mr Burgess said: "Serco are refusing to comply with the law that they negotiate with the union for those members which it represents for a collective bargaining agreement."

Mr. Dunch said the injunction stopped the union from pursuing this until a Supreme Court hearing had settled the issue of whether a successful de-certification ballot had brought to an end the right of the union to be recognised as a bargaining unit for those still in the union.

He said: "This is a live issue."

Mr. Dunch said while that issue was pending the union had issued three strike notices, one of which had been referred to a tribunal by the Labour Minister to hear both sides on a new collective bargaining agreement and to make a binding award.

Mr. Dunch said Serco believed this was premature with the issue of union recognition still to be settled by the Supreme Court in March.

"The reason is clearly if the Supreme Court rules the union's position as a bargaining agent has come to an end there will be no question of negotiating an agreement."