Board later this week could land the ongoing row between hoteliers and the Bermuda Industrial Union in court.

Hoteliers and the BIU representing thousands of hotel workers yesterday appeared before the board at Cathedral Hall to thrash out one of the remaining issues that have kept them from signing a new agreement for two years -- gratuities.

Both sides spent the entire day arguing over whether or not some 3,000 workers should receive gratuity increases collected by hotels in 1992.

BIU president Mr. Ottiwell Simmons described hoteliers' behaviour as nothing short of "fraud'' and "greed''.

He said the Hobgood Award, which most of the hotels implemented in 1992 and the board endorsed, guaranteed tipped employees gratuity increases.

And he said workers were prepared to go to court and protest against employers' "pocketing'' of hundreds of thousands of dollars of their tips.

"We're here because of the greed by the employers','' Mr. Simmons stressed.

"We're here because they don't know where exploitation must end.

"We are tired, the workers aren't going to take it any longer and now they're asking you to permit them to keep all of the 1992 gratuities that were collected in the name of employees.'' But the HEB, represented by American lawyer Mr. Stephen Shawe, stressed that the board's original award was clear and the gratuities issue did not warrant interpretation.

"There is no ambiguity in the original opinion and award issued January 14, 1993, and no basis for these proceedings'' Mr. Shawe said. "The opinion and award specifically acknowledged that the award covered a 4-year period -- February 1991/92 to February 1994/95.

"The Board stated ... the increases in gratuities instituted upon receipt of the Hobgood Award are to be continued throughout the period of this award, i.e. 25 cents, 35 cents, and 50 cents for each of the remaining two years.'' "Anything that the board does contrary to its January ruling would not be an interpretation, but an alteration,'' Mr. Shawe said.

He also noted that in the January ruling the board denied the union's request that gratuities collected by hotels in 1991 and 1992 should be returned to employees.

And he said there was no money held in escrow to distribute to employees.

Despite the ongoing dispute, board chairman Prof. Ronald Haughton praised the inquiry process and the board for getting both sides to accept "all but three'' of some 30 issues.

He said the non-voting assessors -- Mr. David Dodwell for the HEB and Ms Debra Fox for the union -- were of "critical assistance'' to the board's decision on the 30 original issues and three requests for interpretation -- including gratuities.

But Mr. Simmons pointed out that it was Mr. Dodwell who was "leading the pack of the famous 13'' and encouraging them not to sign the award.

And he urged the board to rule that the HEB should adhere to all aspects of the Haughton award, including having all 20 hoteliers sign the agreement.

Board members are expected to receive transcripts of yesterday's hearing sometime today and meet privately tomorrow morning.