yesterday.

So did the factor on which it depends -- the hotel's occupancy rate.

Unionised workers have vowed to walk off the job as soon as the hotel is 70 percent full to protest the hotel's refusal to continue torecognise the Bermuda Industrial Union.

Last night Elbow Beach general manager Mr. Tim Russell said he was not sure about the occupancy rate, but believed it had reached close to 70 percent.

But BIU president Mr. Ottiwell Simmons said "at its best it was 67.1 percent''.

And he ventured to say "it might even be lower'' because visitors had heard about the trouble at the hotel and were staying away.

"I have reason to believe that people are staying away because of the trouble,'' Mr. Simmons said. "People do not want to go to a problem site.'' But he stressed that the union was not enjoying the dispute.

"The union wants stability and success in this year's tourism,'' he said.

"We're simply putting to Elbow Beach that we have every right to survive in this community as the hotel does.'' Mr. Simmons also took exception to Labour Minister the Hon. Irving Pearman who told The Royal Gazette if a strike should take place, he would likely order employees back to work.

"He can't order people back to work if he can't order the hotel to obey the law,'' Mr. Simmons said. "This Government cannot continue to support a lopsided judicial system against the indigenous people of this Island and in favour of foreign hoteliers.'' Mr. Simmons also warned that the Island was heading for "a very, very troubling time''.

Noting the number of BIU chief shop stewards who have recently lost their jobs, Mr. Simmons said: "There's a conspiracy between the Government, Hotel Employers of Bermuda and the Bermuda Employers Council.

"It is in the interest of the workers to fight for their rights in this country.''