truckers who lost their jobs is threatening to boil over again.

Bermuda Forwarders lawyer Mr. Alan Dunch said yesterday it will not go before a board Government is creating especially to deal with intractable conflicts.

The Act allowing the board was passed by the House of Assembly last Friday following an Island-wide strike.

Mr. Dunch said if Government attempts to force the company to go before the new Trade Disputes Board he will take further legal action.

The company took the BIU by surprise last week when it announced it wants the Supreme Court to decide whether the 15 truckers ended their own jobs when they walked out last year in support of a fired shop steward.

BIU president Mr. Ottiwell Simmons said last night it was his understanding the Trade Disputes Board will be used to "finalise'' the dispute. He said the BIU was not in favour of the courts settling the dispute.

Mr. Dunch said Labour Minister the Hon. Irving Pearman has not officially informed him the dispute will be sent to the soon-to-be-created board. But he said a draft copy of the Bill which he obtained "clearly indicated'' Government planned to refer the Bermuda Forwarders dispute to the board.

He added: "If he (Mr. Pearman) intends to contact me on the issue of whether Bermuda Forwarders will go before the Trade Disputes Board then I feel both of us could use our time more productively.'' Mr. Pearman said last night a final decision on whether to send the dispute to the new board will be made this afternoon after Ministry officials conduct further meetings with the two parties.

If Government decides to refer the issue to the new board Mr. Dunch said he will seek a court injunction preventing it.

"I have every confidence in the ability of the judicial process to deal fairly and properly with the matter according to law,'' he said.

"I have no desire nor intention to have the matter dealt with anywhere else.

If the Minister or anyone else attempts to force my client before some other tribunal other than the Supreme Court I anticipate being instructed to take injunctive proceedings to restrain the other tribunal from sitting for the purpose of dealing with this matter.'' Mr. Dunch said if the Court ruled in the company's favour he would be "astonished'' if Government "continued to interfere''. The case is not expected to get underway until the fall.

Mr. Dunch has said the court action announced last Friday is a direct response to Government's attempt to "pull the rug from underneath us'' by trying to force Bermuda Forwarders "back to another arbitrary tribunal''.

The Trade Disputes Board is being created following Monday's passing by the Senate of the Trade Disputes Act. It creates a system of binding arbitration to deal with intractable industrial disputes.

Bermuda Forwarders refused to comply with a non-binding board of inquiry recommendation it take back the 15 truckers, prompting last week's Island-wide strike.