both parties expected to make their final submissions to the Essential Industries Disputes Settlement Board today.

The board will then decide whether a collective bargaining agreement exists between the hotel and the Bermuda Industrial Union and whether the hotel committed any "unfair industrial practices''.

If so it must hand down a "remedy'' -- which could mean a fine. The board's members include chairman and lawyer Mr. Michael Mello, lawyer Mr. Philip Perinchief and the head of Masters Ltd. Mrs. Susan Wilson.

The next part of the hearing -- also expected to last about a month -- will be to decide whether three of the hotel's employees were unfairly dismissed.

Grotto Bay Hotel managing director Mr. George Robinson was adamant on the witness stand yesterday that a working agreement with the BIU has not existed since the hotel resigned the HEB in November, 1987.

Because it resigned during the life of the 1985-1988 agreement, the hotel continued to abide by that agreement until it expired out of a "moral obligation'', Mr. Robinson said.

But from February 1988 to 1989 the hotel followed the collective agreement merely as a "guideline'', Mr. Robinson said, stressing this did not mean it was in place.

Each employee had an individual contract, outlined in their personal file, he said.

In February, 1991, a contract was drawn up and put in place which followed many of the 1988-1991 agreement's terms and conditions, he said. And in November of that year the controversial contract abolishing mandatory tipping and no longer recognising the BIU was introduced.

Mr. Simmons asked Mr. Robinson why, back in 1987 when he resigned the HEB, he had not given the required three months' notice that he was throwing out the collective agreement.

Mr. Robinson replied he had "no obligation to''. But Mr. Simmons disagreed, submitting the hotel should have given three months' notice, and because it had failed to, a collective agreement remains in place to this day.

Mr. Simmons' case also hinges upon the fact the hotel rejoined the HEB in the summer of 1990 for a year and was a member of the HEB when, according to the BIU, it reinstated the expired accord -- and terminated the 1988-1991 collective agreement.

HEB president Mr. Dennis Tucker has testified the 1988-1991 agreement was "never'' reinstated.

He said the HEB "put the cap on it'' in February, 1991, after advising the BIU in writing of its intention three months earlier, as required by article 45 of the collective agreement.

The HEB told the BIU in that letter the agreement would be thrown out if a new agreement was not reached by February, 1991, Mr. Tucker said.

Before leaving the stand, Mr. Robinson agreed with Mr. Simmons that the only recourse for employees who do not like the new contract not recognising the BIU is to quit their jobs. Mr. Robinson added none have.

TOUGH TALKS -- Grotto Bay lawyer Mr. Alan Dunch (left) and managing director Mr. George Robinson.