The Bermuda Industrial Union will not take the Grotto Bay Hotel to court for enforcement of the essential industries disputes settlement board's award in the union's favour, BIU president Mr. Ottiwell Simmons said yesterday.

He said it was up to Government to ensure the hotel obeyed the ruling of the board -- which said it should abandon its system of voluntary tipping and return to the mandatory gratuity system.

"If Grotto Bay does not want to abide by the decision of the board for a judicial reason, it should appeal it to the court,'' Mr. Simmons said. "But if they want to have nothing to do with the award, that should be viewed as contempt of the Government (which) should declare the hotel in contempt.

"And we do not agree with the Minister of Labour who says we should take them to court. As soon as the union takes people to court, the court requires lawyers be paid. If we go to court we will incur substantial cost and that is a matter the Minister should understand.'' Mr. Simmons said the directors of the hotel, who include Government MPs Mr.

Ernest DeCouto and Transport Minister the Hon. Ralph Marshall, should also state whether they back the hotel's stand.

"They voted for the Act in Parliament,'' he said. "Now I ask the question does the hotel belong to the board of directors or does it belong to George Robinson, the managing director.'' Mr. Simmons also claimed the Labour Relations Amendment Act, which established the board, was the creation of Government and the Hotel Employers of Bermuda, which had been consulted on it, although he conceded the BIU was opposed to the bill when it went to the House last year.

Home Affairs Minister the Hon. Irving Pearman has said it is up to the union to take the hotel to court to enforce the board's judgment.