Hon. Irving Pearman, explaining his resignation from the Essential Industries Disputes Settlement Board panel appointed in the hotel employees contract dispute: You are no doubt aware of the recent Supreme Court proceedings commenced by the HEB in an attempt to prevent me from sitting on the panel to hear the dispute on the grounds that there was a likelihood of bias on my part. This bias was alleged to arise out of my attempts to mediate the same dispute between the parties last year.

Although the Honourable Chief Justice of Bermuda ruled on Friday 24th April, 1992, that the allegations of bias put forward by the HEB were groundless, I have now been informed that the HEB will appeal to the Court of Appeal for Bermuda to reverse the Honourable Chief Justice's decision.

The HEB's appeal of the Chief Justice's ruling causes great concern to me as I realise that such an appeal could result in protracted litigation in the courts and thereby further exacerbate the present labour dispute.

In addition it would be futile for the panel, in the face of such an appeal, to commence a long and drawn out hearing into the dispute in the shadow of uncertainty that its award could be later set aside by the Court of Appeal resulting in the whole process having to begin again.

This most recent turn of events causes me considerable distress as such a delay and uncertainty would without a doubt not be in the best interests of either the Country or the parties to this dispute during this critical period in Bermuda's premier industry.

After considerable soul searching and notwithstanding the Honourable Chief Justice's ruling that my appointment to the panel was proper and that there was no actual or likelihood of bias on my part, it is abundantly clear to me that my continued presence on the panel presents an obstacle to the speedy resolution of this dispute.

I am sure you will agree that at the present time it is vital to resolve the existing dispute between the HEB and the BIU as soon as possible.

Accordingly I feel obliged to inform you that it is my firm view that the interests of the community require that I immediately resign from the panel and trust you will accept my resignation forthwith.

This will enable you to appoint a substitute member and thereby permit the panel to proceed to hear and resolve this dispute without any further delay or uncertainty.

Your's faithfully, Michael J. Mello QC, JP.