after a two-week adjournment -- may again become marred by arguments over preliminary issues.

Bermuda Industrial Union president Mr. Ottiwell Simmons MP yesterday charged his ability to represent hotel workers in the hearings was being "stripped'' by hoteliers' refusal to pay members of his negotiating team to be there.

He again demanded the union's divisional officers in the Island's hotels be paid while representing their colleagues in the hearings.

The hearings began earlier this month before the Essential Industries Disputes Settlement Board, but so far only one witness has given testimony.

Apart from the issue of payment for the Union's negotiating team, the hearings have been slowed by disputes over whether the talks should be open to the Press, the hotelier's American lawyer and a new board member.

Mr. Simmons said he was finding himself at a "tremendous disadvantage'' without all members of his negotiating team at his side.

And he warned board chairman Professor Ronald Haughton he may today request the hearings take place only when those members are off.

"The person who has little to do with the hotels in terms of working there and dealing with matters on a day-to-day basis is me,'' Mr. Simmons said.

"I can only be a decent advocate if I am fed information from them. My ability to represent the hotel workers is being stripped by the fact the hotel employers are refusing to pay their employees to be here.'' Lawyer for the Hotel Employers of Bermuda Mr. Stephen Shawe refused to speak to Mr. Simmons' demands, saying he had already made his position clear on the issue.

Mr. Shawe told the board earlier this month the HEB felt no obligation to abide by the old collective bargaining agreement, which expired in February 1991. The agreement allowed for up to seven BIU members to be paid while representing their colleagues in labour negotiations.

He said as far as the HEB was concerned it was only present at the hearings because an agreement reached between the two parties to accept the Hobgood award, which included a five percent wage hike, was withdrawn by the BIU.

The BIU is asking for a seven percent wage increase and members have refused to accept the arbitrated Hobgood Award which was implemented by the HEB on May 24, 1991.

Mr. Simmons, who made the demands after the talks ended for the day at 5 p.m., also raised concerns about the HEB's lawyer, who is from Baltimore and was flown in to represent hoteliers.

Mr. Simmons said he had learned that although Mr. Shawe has a work permit, he has not been given permission to practice here by the Bermuda Bar Association.

Bar Association president Mr. John Riihiluoma refused to comment on the issue.

HEB president and Sonesta Beach Hotel vice president Mr. Dennis Tucker spent most of the day being questioned by Mr. Shawe on hotels' gratuity systems.

The BIU wants an immediate $2.50 rise in service charge per person a day.

However, The HEB seeks a freeze for 1992, and 50 cent increases for 1993 and 1994.

Anything in excess, hoteliers say, is to be treated as hotel income, which is currently the case in many hotels.

Mr. Tucker explained hoteliers had chosen to increase the service charge for guests to help cover the cost of implementing the Hobgood award. In October, 1991, some hotels increased the service charge for guests on the MAP plan by as much as $2 to $7.

He said hoteliers had considered it "very risky'' to increase room rates to help defray the cost of the award.

So instead they used their discretion in the amount they tacked on to the daily service charge for guests -- which was upped from $10 a day to $10.50 by the Hobgood Award, with the extra 50 cents going to hotel employees.

Other major areas of conflict between the parties include: Compensation due to layoff -- the BIU wants a significant increase.

Public holidays -- the BIU wants double time pay instead of the current time and a half.

Major medical -- the BIU wants insurance to include doctor's office and home visits.

Paid absence -- the BIU wants compassionate leave increased from four to five working days for overseas funerals and maternity leave expanded form nine to ten weeks.