Customs dispute, threatening industrial action in the tourist season if its demands are not met.

It claims Mrs. Sarah Carter Pendleton, the foreign-born wife of a Bermudian, was illegally hired.

The civil service had not yet adopted a new immigration law giving equal job rights to spouses of Bermudians, BPSA general secretary Mr. Eugene Blakeney pointed out.

Furthermore, long-standing dissatisfaction with Collector of Customs Mr. Gerry Ardis' "autocratic form of management'' and "irregular hiring practices'' had come to a head.

Mr. Blakeney said unionised Customs officers who engaged in a two-day "sick-out'' that blocked nearly all goods from leaving airport and dock freight sheds for shop shelves would be back on the job today.

Mr. Blakeney was speaking at a news conference to give Customs officers' side of the furore over the hiring of Mrs. Pendleton as one of six new $33,618-a-year agent trainees over hundreds of applicants.

"It is hard to conceive that only five Bermudians out of some three hundred applicants had the necessary qualifications for selection,'' he said. There were Bermudians who had "over and above'' the BSSC or equivalent required for the job.

Mr. Blakeney revealed the civil service's hiring body had not amended its regulations to comply with a new immigration law affording spouses of Bermudians equal job opportunities.

Therefore, "The new spouses law can not apply to the Public Service as the Public Service Commission regulations have not been changed to accommodate the new law, and that is borne out by the fact the new trainee had to be given a two-year contract,'' he said.

He added the BPSA was against ever complying with the new law.

"It is our position that civil servants should be citizens of this country like it is in any other country,'' he said.

Both Mr. Ardis and Labour and Immigration Minister the Hon. J. Irving Pearman claimed to be unaware of whether the civil service hiring body had adopted the new spouses law which passed last year.

But Mr. Blakeney insisted Mr. Ardis and Government Personnel Services had been made aware by the BPSA that the law "could not apply to the public service.'' Mr. Pearman, who told the Royal Gazette on Monday the new law automatically gave equal job rights to spouses of non-Bermudians, yesterday said that whether or not the civil service had adopted it was a matter for the Cabinet Secretary, Mr. Leo Mills.

"The Public Services Commission has the right to make its own regulations,'' he said.

Mr. Mills was off the Island until next week.

Mr. Ardis' position was: "As far as I know the law applies as per my directions on the Bermuda Immigration and Protection Act 1994. I was informed on it by the Department of Personnel Services and I requested specific advice on that point.'' It would "make a mockery of it'' if the new law applied to all but the civil service, he contended.

Mr. Blakeney claimed at the news conference there had been a breakdown in communication between the BPSA and Customs management ever since former police officer Mr. Ardis took over four years ago having never worked as a Customs agent.

And he said the BPSA laid part of the blame for the dispute boiling over on the shoulders of Financial Secretary Mr. Peter Hardy, Mr. Ardis' immediate supervisor, director of Personnel Services Mr. Malcolm Gregory, "who should be guiding him,'' and Mr. Mills, "who is supposed to be the overall head of the Civil Service.'' "If all the outstanding matters are not properly addressed, the BPSA will not hesitate to take further action as soon as the tourist season begins,'' Mr.

Blakeney warned.

BPSA warns of action over Customs hiring From Page 1 When asked what that action would be, he said it would "most likely be more than a sick-out.'' Mr. Ardis said he did not comment on "threats.'' The airport freight shed was closed until further notice on Monday and yesterday when the BPSA's unofficial industrial action started without notice.

The BPSA said 98 percent of 143 unionised Customs officers called in "sick'' both days, while Mr. Ardis put the number at about 65.

Some senior Customs officers who showed up for work were releasing only perishable and emergency goods. They also manned the arrivals check-out counters, where passengers were reportedly processed without delay.

The situation was similar on Hamilton docks, though some dry goods were being cleared.

Mr. John Furbert of Rafur Trucking said, "We got no freight today and none yesterday, other than some perishables.'' Goods waiting to be released included hospital supplies, music store goods and various other dry goods, he said. "Our customers seem to be understanding,'' he said.

Mr. Ardis said, "The situation today is the same as it was yesterday. We are operating on Hamilton docks albeit with reduced personnel.'' He said about 15 Customs officers had showed up for work.

He said the BPSA's agreement with Government was that staff could take up to two days uncertified sick leave.

When asked if the absentees may be disciplined, he said, "Obviously we wouldn't like our officers calling in sick if they're not. I have no comment whether any action will be taken and I am not in the business of running around checking to see if they're are sick or not.'' In all there had been "minimum disruption,'' he said, though obviously the public had been inconvenienced.

He said there were no signs of the Bermuda Industrial Union's pledged support of the Customs officers.