Angry teachers could vote today to carry on their strike despite Government referring their pay dispute to binding arbitration which makes further action illegal.

The move follows yesterday?s sick-out which closed around 40 Government schools and had parents scrambling to pick up thousands of children.

Labour Minister Randy Horton said the dispute, which began with a work-to-rule action last Monday, could not be resolved by negotiation or mediation.

He said in a Press statement: ?It is clear the breakdown of negotiations has led to events that are having an adverse impact on our public school children, their families and Bermuda generally.?

Mr. Horton, who is currently off the Island, emphasised that further striking will be illegal under the Trade Disputes Act which was evoked yesterday.

However, during the last major teachers? strike in late 2002, teachers ignored the strike ban and continued with their action for four days until Government prepared an injunction and threatened teachers with arrest for contempt of court.

Asked if history could repeat itself, Bermuda Union of Teachers general secretary Mike Charles said: ?Anything is possible. Teachers are very angry.

?At this point in time I can?t predict what they will say tomorrow. It?s entirely up to them.?

Teachers meet today at St. Paul?s Church at 4 p.m.

Asked whether Government would be quicker to act this time around if teachers flouted the law, Education Minster Terry Lister said: ?It?s truly up to the Labour Minister and the Attorney General.

?We are very hopeful they are more successful than we were last time. That was the case the last time around.

?We don?t know what will happen. We are taking an approach which says the teachers will choose to come back to work and choose to work with the children.?

Mr. Charles said yesterday?s action had been solid among the 800-odd members who are seeking pay parity with civil servants.

?I think the solidarity goes back to last time. It has not waned.?

He said he was surprised by Government?s action which came out of the blue.

Mr. Charles said: ?Talks have not broken down.?

He thought the weekly meeting normally held between the union and Government on Thursdays was still in place, however, Mr. Lister said it would now not go ahead.

Mr. Charles questioned why Government was opting for arbitration when a 1991 hearing had ruled out pro rating which Government wants to introduce to reflect the longer holidays teachers have. Government?s formula would shave off 15 percent from a pay formula agreed with the union.

?Why go back to the issue of treating teachers like seasonal or part-time workers?? said Mr. Charles. ?It?s already been through a review.?

Mr. Lister said the arbitration could take two weeks to set up.

He said the Labour department would probably nominate a chairman this week while the Education department and the teachers union would each nominate a representative.

Yesterday?s action by teachers was almost total with virtually no children at school and very few staff by mid morning yesterday, said Mr. Lister.

He said the school with the highest number of students had 18 at one point but he declined to name the school to ?protect? the teachers who chose to work.

Government had asked parents to make their own decisions about sending their children to school when news of the sick-outs leaked.

Parent Chris Mouchette arrived at Heron Bay Primary school yesterday to pick up his nine-year-old son after nipping out from his mechanic?s job at the Public Transportion Board.

He said: ?It?s not a problem. They have to do what they have to do. I have a lot patience.?

Bermuda Employers? Council executive director Andrea Mowbray lamented the effect on businesses of the strike which she said had been festering since 1996.

She urged employers to be flexible to help families with children.

Last night Mr. Lister explained the background to the dispute to a packed audience of parents at the Bermuda Industrial Union, from which the press was barred.

Speaking afterwards parent Tami Ray, who has a son at Purvis primary, said: ?It didn?t convince anybody of anything. We have come here for two hours and not learned anything new other than it is going to arbitration.

?That?s pretty much it. I don?t know if I am frustrated anymore or confused.?