answer in its row with the union over whether a collective bargaining agreement exists at the resort.

He made the submission after the Bermuda Industrial Union closed its case in the afternoon having called eight witnesses.

The lawyer said nearly all the BIU's witnesses had testified no collective bargaining agreement exists at the hotel -- and has not for some time. He went on to cite several such statements made by union witnesses.

However, after a short adjournment, the Essential Industries Disputes Settlement Board chaired by lawyer Mr. Michael Mello decided the hotel did have a case to answer and told Mr. Dunch to proceed.

In responding to Mr. Dunch's "no case'' submission, BIU president Mr.

Ottiwell Simmons MP had said the lawyer "selectively read the evidence''.

He said if Mr. Dunch looked at the "full evidence'' he would see union witnesses testified an agreement is in existence, but Grotto Bay manager Mr.

George Robinson refuses to recognise the fact.

Mr. Dunch's first witness was HEB president (and Sonesta Beach Hotel vice president) Mr. Dennis Tucker, who testified Grotto Bay had not been a member since June, 1991, when it resigned again after a "brief'' membership.

And he said the 1988-1991 collective agreement was terminated and has not been reinstated since. Negotiations are currently underway for a new agreement, he said.

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

If it finds an agreement does exist, it must then decide whether three of the hotel's employees were unfairly dismissed.

The BIU's position is a collective agreement -- although expired -- does exist at the hotel and will continue to until the hotel gives the union three months' notice.

The hotel's position, however, is that the BIU has had no standing at the hotel since February, 1991, and the collective agreement has not been followed in full since November, 1987, when it resigned the HEB.

Mr. Dunch said the hotel used the collective agreement as a "guideline'' in the past.

Before the BIU's final witness, general secretary Ms Molly Burgess, left the stand yesterday, she testified: "You can't get rid of us just because you want to!'' In an emotional outburst she said: "Once a collective agreement is in place it is always in place.'' "So you're saying it never comes to an end -- it's for life?,'' Mr. Dunch asked.

Ms Burgess replied the agreement has been terminated in the past, but in the proper manner.

She conceded under cross examination that Mr. Robinson has a right to lay down the conditions of employment of his workers. But she said she did not think he had the right to do it "unilaterally''.

Ms Burgess further said it did not matter whether or not Grotto Bay was party to and signed the collective agreement.

The fact the hotel recognised the union at all -- which it admitted it did -- made it "party'' to the agreement, she said. And, therefore, the hotel should be abiding by it because it has never told the BIU otherwise, she testified.

She charged there was "no way'' the BIU would have agreed to the hotel using the collective agreement as a mere "guideline''.

She said it has been fully in place up until January, 1992, when the new system not recognising the BIU was put in place.

ESCAPE FROM HELL -- Mr. Nick Moriarty and fiance Miss Melanie Ryder pictured yesterday on the $400,000 white and blue-striped Maji Mengi. Behind them are (from left) fellow crewmen Mr. Ian Nicholas and Mr. Mark Jasper.