solve its labour problems with the Bermuda Industrial Union, company lawyer Mr. Alan Dunch insisted yesterday.

Speaking after Minister of Labour and Home Affairs the Hon. Irving Pearman announced his intention to refer the dispute to the tribunal, Mr. Dunch said: "The statement issued by the Minister tonight is at best disappointing although candidly, not at all surprising.

"Our position is no different than it was earlier this week -- namely that if the Minister takes the next step of noticing the dispute in the Official Gazette , my instructions are to make application to the Supreme Court for an injunction relief, the intent of which will be to prevent the Trade Disputes Tribunal from sitting in connection with this matter.'' The Trade Disputes Act, 1992, which created the board, was passed by the House of Assembly last Friday following an Island-wide strike.

That same day, Bermuda Forwarders sought relief from the courts in resolving the dispute involving 15 ex-truckers and the Bermuda Industrial Union.

Yesterday, Mr. Pearman said the decision to refer the dispute was made after "Labour (Relations) Officers reported that the BIU felt it had exhausted its options, and that Bermuda Forwarders, other than seeking a declaratory judgment in the Supreme Court, could offer no other option for a resolution.

"Having consulted with the Attorney General, I am satisfied that the declaratory judgment sought by Bermuda Forwarders may not fully resolve all of the issues and is not likely to be available as quickly as I consider necessary.'' Mr. Dunch said he believed the issue was a simple one which the courts could handle.

"I'm a little surprised and shocked to read that the Minister appears to have no confidence in the judicial process. There is only one issue -- whether or not the workers brought their contract to an end through their conduct -- the very issue before the courts. I have every confidence in the court's ability to deal with this.'' And he said he had received no notice from the Minister or his officials regarding the decision and was only notified of it by the media last evening.

"Neither the Minister nor any of his officials have made any contact with me either orally or in writing in connection with this matter.

"It's somewhat shameful. I do not feel Government dealt with both parties on an even-handed basis. It's most unfortunate and ought to be somewhat alarming to the general body of employers in this country.'' Mr. Pearman said he will give notice next week and appoint a tribunal after appropriate consultation on its composition.

BIU president Mr. Ottiwell Simmons could not be reached for comment last night.