ERROR RG P4 16.12.1996 A story in Friday's paper about the the Bermuda Union of Teachers/Education Ministry settlement should have quoted Shadow Education Minister Jennifer Smith saying that it was unfortunate that "comments were made that could prejudice the case of one of the contenders'', not that that comments "were made to prejudice the case of one of the contenders''.

The Education Ministry will have to scrap information, including results of a controversial test, obtained from those seeking new top posts in the reformed public school system.

The Royal Gazette has learned that the Ministry will have to start the application process all over as part of a settlement reached between itself and the Bermuda Union of Teachers.

The Ministry and the BUT were due to begin arbitration yesterday over a grievance filed by the teachers union.

The BUT -- along with Northlands Secondary deputy principal Randolph Benjamin who was one of 17 people who applied for three deputy principal posts at the new senior secondary school at Prospect -- had called for a standardised test and personality profile from Personnel Services to be removed from the application process for new top posts.

The union also filed a grievance against Education Permanent Secretary Marion Robinson and Chief Education Officer Joseph Christopher, accusing them of breaching the Collective Bargaining Agreement and teachers' terms and conditions of employment.

But yesterday BUT lawyer Alan Dunch confirmed that a settlement had been reached.

While both parties agreed that they will not discuss the matter further with the media, Mr. Dunch said they agreed to the following terms: The Ministry will consult with the BUT through the Combined Consultative Committee in relation to changes in the process of application by, and selection of, suitable candidates for scale posts and deputy principal positions in Government middle and senior schools; Any and all acts done under the new procedure that was implemented, together with the results of any standardised test and questionnaires that were obtained shall be null and void and of no effect; and The consultation process will begin on December 16 and the parties shall use their best endeavours to conclude the consultation process by January 31, 1997.

The Ministry also agreed to provide the BUT with "full details of all proposed changes to the application procedure and selection process'' it planned to present, including any arguments in support of the proposed changes, before the December 16 meeting.

Upon learning of the settlement yesterday, Mr. Benjamin said: "I feel vindicated with that judgment.

"This will disappoint some people because I know appointments were made,'' he added. "But there's a lot of support out there from all sectors of the community for me.

"And at least with this decision, I now have an opportunity to be part of the process. Now I hope common sense and fairness will prevail.'' But he admitted that he was concerned about whether he could obtain a "fair hearing'' in the selection process.

"Dr. Robinson has belittled my qualifications publicly,'' he pointed out. "I just want to be assured I have a fair hearing. If the (selection) process is the same and she is making the recommendation (to the Public Service Commission), I can't see how I can get a fair hearing.'' The veteran teacher -- who has held a deputy principal position since 1972 -- stressed he will not accept a position below his current salary and responsibility.

"I don't think I have a divine right to be a deputy principal,'' he said, "but this is my livelihood. And I will be pursuing my livelihood with full vigour.'' Opposition Leader and Education Minister Jennifer Smith said she was pleased "that common sense has prevailed''.

"I think it is unfortunate that during the course of the BUT's attempt to see the right thing done, comments were made to prejudice the case of one of the contenders,'' she added.

However, Ms Smith said she did not believe the delay (of the selection process) should have an impact on Government's school reform plans as suggested by Dr. Robinson, "unless there was something else involved''.

Education Minister Jerome Dill noted that while the dispute had delayed Government's plans at the senior school level, middle school plans were well underway.

And he stressed that once the selection process had been resolved, Government was prepared to "redouble'' its efforts.

"I'm confident that notwithstanding this particular set of circumstances we will be able to get back on track in the new year,'' he said.