the Essential Industries Disputes Settlement Board to decide on in the case of the Grotto Bay Hotel/Bermuda Industrial Union row.

Yesterday's hearing was held up in the afternoon by submissions on the issue from hotel lawyer Mr. Alan Dunch and BIU president Mr. Ottiwell Simmons MP.

And it was interrupted further when a television camera was aimed through an open window of the church hall in which the talks are taking place.

The "intrusion'' prompted board chairman Mr. Michael Mello to repeat his "no electronic media'' ruling and slam the window in the VSB cameraman's face.

The hearing, brought on by the hotel's firing of three employees earlier this year, had resumed yesterday morning in the Wesley Methodist hall after a two-month adjournment.

Mr. Dunch expressed his "regret'' the two parties had been unable to complete the hearing more quickly. He said he hoped it would be over by October.

The board is also being asked to decide whether a collective agreement exists between the hotel and the BIU and whether the hotel committed any "unfair industrial practices'' and a "remedy'' should be granted.

The BIU claims the three men were unfairly dismissed. But the hotel says the BIU has had no standing at the hotel since February, 1991.

When the hotel was forced to to appear before the board back in July, Mr.

Dunch stated management would not accept its findings.

The hotel has already ignored the board's first-ever ruling, in March, to reinstate the mandatory gratuity system it abolished in January.

And according to Mr. Dunch yesterday, the tipping dispute is a "dead issue'' having "nothing'' to do with the current hearing.

However, Mr. Simmons said the issue was far from dead. He said he was expecting the board to fine the hotel for not following the grievance procedure in accordance with the collective agreement when it abolished mandatory tipping and fired the three workers.

Mr. Simmons told the board he "might as well pack his books up and go home'' if the board was not going to hand down a "remedy''.

But Mr. Mello explained he could not make such a ruling if the board finds no collective bargaining agreement existed -- because the BIU would then have no place bringing its grievances before it.

Responding, Mr. Simmons charged it was a "waste of time'' for the board to be deciding on that issue in any event. The fact the last board found for the BIU and ordered Grotto Bay to reinstate the old tipping system meant the chairman found a collective agreement existed, he submitted.

Mr. Mello said it was his understanding the board should make up its own mind whether a collective agreement existed and told Mr. Simmons to continue his examination of his first witness, Mr. Erwin Whitter.

The hotel's ex-store manager told the board his last pay cheque stubs showed union pension contributions were being taken out, so therefore a collective agreement had existed.

He further testified the three-months notice of dismissal required by the collective agreement had not been given to him nor the other two ex-employees.

The union's second witness, chief shop steward Miss Deborah Fox, also said a collective agreement existed at the time.

She also testified she was not being paid by Grotto Bay and had to go at 4.30 p.m. to make work.

Mr. Mello said he could not force the hotel to pay Miss Fox. But Mr. Simmons, calling the hotel "nasty'', insisted she be paid, causing Mr. Mello to cut short the hearing and meet privately with him and Mr. Dunch.

Earlier in the talks, Mr. Dunch, in his opening statement, said an employer had the right to "hire and fire at will'' -- and a fired employee had "no legal right to reinstatement''.

He claimed since the date Grotto Bay put into effect its own contract, "all'' hotel employees had worked in accordance with it. The only "aggrieved party'', he said, was the union because it was not being recognised.