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Minister may appeal ruling

reverse a court decision that found there is no legal relationship between the Bermuda Industrial Union and the Pink Beach Club.

Lawyers in London are expected within days to say whether they think the appeal could be argued before the top court.

Home Affairs Minister the Hon. Irving Pearman yesterday confirmed he had taken legal advice on the issue, saying: "We are going to be reviewing it.

"We'll determine our course in the next few days on the basis of the advice we're given.'' The Minister declined to answer why he was considering an appeal. Two weeks ago, the three-man Bermuda Court of Appeal ruled that no collective bargaining agreement existed between the Bermuda Industrial Union and the Tucker's Town cottage colony.

Their five-page decision placed the authority of the highest court in the land against arguments that a legal relationship continues to exist between the BIU and the hotel industry.

It also criticised Mr. Pearman for asking a Government-appointed disputes tribunal to decide if a collective agreement existed between the BIU and Pink Beach.

The court said it was wrong to refer the dispute to the tribunal when the same body had decided the "same question'' in an earlier decision involving Grotto Bay Hotel and the union.

Last night Pink Beach lawyer Mr. Alan Dunch said he was "truly surprised'' to hear of the Minister's move.

"And I would be surprised if the case is ultimately pursued to the Privy Council because I don't think it's a case where leave to appeal would be granted.

"I don't think there is an issue here of such public importance to warrant the time and expense of taking it further.

"I find it regrettable that the Minister is seemingly unable to accept that he just got it wrong.

"I feel the best interests of the Country and the labour relations generally would be best served by putting this matter behind us and letting life go on into the future.'' When the Court of Appeal handed down its decision, BIU leader Mr. Ottiwell Simmons MP declared it a unsound judgement that endangered people's rights.

Hotel managers said the decision would not affect their worker relations since staff everywhere were accepting pay, gratuities and benefits as determined by an arbitration board earlier this year.