A report yesterday on the Disputes Board hearing incorrectly reported its membership. The Board's assessors are Mr. George Scott for the union and Mr.

W.A. (Toppy) Cowen for hotels. Its members are Mr. Philip Perinchief and Mrs.

Susan Wilson.

A second attempt by Grotto Bay Hotel to challenge the power of the Essential Industries Disputes Settlement Board failed yesterday.

And the board's chairman yesterday banned television cameras and recording equipment from the hearing.

On the first day of a hearing into the dismissal of three hotel employees, Grotto Bay lawyer Mr. Alan Dunch argued that under the 1991 Labour Relations Act the board does not have authority to: To determine whether a collective agreement exist between the hotel and the Bermuda Industrial Union; If so, to determine whether the hotel committed unfair industrial practice under the Act and, depending on the board's findings, to grant a remedy; and To settle the dispute over the firing of dining room captain Mr. Barry Smith, bartender Mr. Larry Robinson, and store room manager Mr. Erwin Whitter.

Giving a detailed analysis of the 1991 Labour Relations Act to support his case, Mr. Dunch argued that not only are collective agreements not enforceable by law, but the hotel ceased its dealings with the BIU as early as February 12.

He also said the first two issues could not be dealt with by the board because they were not first reported to the Labour Minister or Labour Relations Officer.

Mr. Dunch added that, under the Act, while the BIU may act as an "agent'' for the "workmen'', the men being "terminated employees did not fall within that definition''.

"Therefore,'' he insisted, "no labour dispute exists in law and the issue cannot arise or be referenced to the Board for adjudication''.

Mr. Simmons, however, accused Mr. Dunch of wasting the Board's time and attempting to sabotage the hearings with intricacies of the law.

He pointed out that the rules of the court did not apply in such a hearing and traditionally the collective bargaining agreement in Bermuda is based on British "gentlemen-like agreements'', similar to the game of cricket.

Mr. Simmons said it could not be ruled that the matter was unreported because the word "apprehended'' means the Minister can realise a dispute and refer it to the board.

Clearly impatient with Mr. Dunch's statutory interpretations and definitions he said: "I expected some nonsense, but not so much''.

The board ruled unanimously to accept all issues presented by the Labour Minister. And at Mr. Dunch's request, Mr. Mello promised to give written reasons for its decision.

Mr. Dunch, who said he only learned the matter would be referred to the board days ago and has been preoccupied with the BIU/Bermuda Forwarders dispute, asked for an adjournment until September 7 in order to take further instructions on the third issue.

Earlier, he asked that the electronic media be excluded from the hearing, as was the case in hotel talks earlier this year.

BIU president Mr. Ottiwell Simmons strongly objected to this, stressing that such a request denied the public's right to know what was going on in the hearing and undermined the freedom of the Press.

"The BIU does not want the cameras and written media for putting on a show,'' Mr. Simmons stressed. "We are here to conduct serious business, the people's business. We've always been quite open with the Press.

"This hearing is a public hearing and it has always been open to the media.

It was only under recent HEB objections that they put the cameras out. If your decision is no media, you're denying the people's right to know and you're flying in the face of freedom of the Press.'' The media was asked to leave, while both parties and the Board, chaired by lawyer Mr. Michael Mello, met in camera for more than an hour to discuss this.

Fears of media exclusion becoming a precedent were later expressed by Mr.

Simmons and others. Some suggested the media should protest.

In a majority, but not unanimous, decision the board upheld Grotto Bay's request that all electronic media be excluded from the hearings.

The hearing resumes tomorrow before Mr. Mello, assessors lawyer Mr. Philip Perinchief and businesswoman Mrs. Susan Wilson, and union and hotel representatives Marriott Castle Harbour chief shop steward Mr. George Scott and Pink Beach Hotel general manager Mr. W.A. (Toppy) Cowen, respectively.

ESSENTIAL Industries Dispute Settlement Board members Mr. George Scott, union representative, assessor Mr. Philip Perinchief, board chairman Mr. Michael Mello, assessor Mrs. Susan Wilson, and Mr. W.A. (Toppy) Cowen, the Grotto Bay representative.