A simmering dispute at the ACE building site erupted early yesterday when around half the employees working for the Precision/Somers joint venture went on strike.

They were protesting over the dismissal of seven workers who had been sacked early in August after leaving work during the middle of a massive concrete pour.

Their action meant the huge concrete floor went unflattened leaving the company with a bill for thousands to dig out the concrete and start again.

After repeated efforts to reinstate the workers had failed, around a dozen workers walked out yesterday though work continued on the site while strikers waved placards near the gates on Bermudiana Road, Pembroke.

Pickets said the sacked seven had been granted permission to leave early for a union meeting and were surprised to be dismissed when they returned for work next day.

One source said: "They were in the middle of pouring a massive concrete floor but the company had to jack hammer it out and do it all over again. You'd have to pay a guy to do that and the concrete itself costs thousands.'' One worker said: "Several guys had agreed with management that they had to leave at 4 p.m.

"They went at that time but when they came back the next day they were told they had been fired.'' One staffer said there were other issues at the heart of the dispute: "We are sick and tired of being expected to work past 4 p.m. for straight time. "They don't give us sick pay and we have to bring a doctor's certificate. "Those companies are making millions down here but they don't want to give us a slice of the pie. They don't even want to pay the union rate.'' And there were rumours that the workers were upset that foreign workers were being paid more than Bermudians at the site.

Roger Russell, spokesman for the joint venture, said: "The BIU has attempted to be recognised as the bargaining agent for employees at Precision/Somers joint venture for several months. To this end the joint venture has not objected to the BIU conducting a recognition ballot as standard labour procedures dictate.

"As we do not have a bargaining agreement with the BIU, nor have they conducted a ballot, any industrial action is illegal.'' However a Government source noted there was no specific employment law and the individual contract between the company and the workers would determine who had broken the law.

Mr. Russell continued: "This joint venture acknowledges that several employees have been justly dismissed and we are not prepared to comment any further at this point.'' Mr. Russell refused to say whether the company would recognise a union if workers backed a ballot to set one up. Under current law employers don't have to allow workers to set up a ballot but custom is that they would have to be bound by the outcome.

The government said they can't directly intervene in the dispute because the construction industry wasn't deemed an essential service, unlike the docks and the major utilities.

Minister of Labour and Home Affairs Paula Cox said: "We have been approached by the BIU for assistance and therefore have written to the Director of Precision/Somers Construction Ltd, to indicate the Labour Relations Officer is available to the parties as a conciliator or mediator to help resolve the dispute.'' The UBP's Michael Dunkley said: "The main issue is the recognition of the BIU as a bargaining unit and we want to see that this is done in a proper fashion.''