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HomeMy WebLinkAbout1982-0083.Bodkin.83-02-14Between: Before: 83182 84/82 85182 IN THE MATTER OF AN ARBITRATION Under THE CROWN.EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD For the Grievor: For the Employer: Hearings: OPSEU (Brenda Bodkin .) Grievor - And - The Crown in Right of Ontario (Ministry of Municipal Affairs and Housing) Employer R.L. Verity, Q.C. Vice Chairman F.D. Collom Member D. Middleton Member H.S. LaForme, Counsel Barrister and Solicitor A.P. Tarasuk, Consultant Central Ontario Industrial Relations Institute September 15 & 16, 1982 October 7 & 8, 1982 January 20 & 21, 1983 i- 2. - 2 - AWARD This matter involves three separate Grievances filed by Mrs. Brenda Bodkin. The first Grievance dated October 7th, 1981 (Exhibit 1) alleges improper den.ial of the classification of Financial Officer 1. The settlement requested was confirmation of the Grievor's classification as Financial Officer 1 with full compensation retroactive to March 7th, 1980. A second Grievance dated October 7th, 1981 (Exhibit 2) alleges improper denial of a merit increase on May lst, 1981. The third Grievance dated November 19th, 1981 (Exhibit 3) alleges "unjust and improper demotion". The relief sought fin the final Grievance was reinstatement "to my former position as Financial Officer 1 with full compensation retroactive to November 2nd, 1981". The evidence concerning all three Grievances were heard simultaneously in accordance with a memorandum from Vice-Chairman Prichard dated June 25th, 1982. The Hearing before the present panel took place over a six day period during which time 52 Exhibits were introduced by the Parties. - 3 - The position in question (Financial Analyst - Classification Financial Officer 1) was posted on June Bth, 1979 (Exhibit 26) as follows: "MINISTRY OF HOUSING PROMOTIONAL OPPORTUNITY Position Title: Financial Class: Financial Officer 1 Analyst Division: Ontario Mortgage File No: MH 151 Corooration Branch: Mortgage Finance Salary Range: $16,225 - S19,OOO p.a. POSITION SUMMARY "RESTRICTED" In this position, you will administer the budgetary process of OMC's administrative expenses, the Mortgage Contingency Fund and real estate projects under OMC management through the preparation of these budgets and the monthly review, analysis and reporting of revenues and expenditures. Other duties include preparing and analyzing monthly financial statements; analyzing the annual budget and cash flow requirements of the Mortgage Contingency Fund; assessing and approving claims against the Mortgage Contingency Fund and Approved Lenders Fund; liaising with a variety of contacts to resolve problems, check interest rates, reconcile bank statements, etc. LOCATION: Toronto MINIMUM QUALIFICATIONS A few years of accounting experience preferably in a mortgage rel.ated area; sound knowledge of the principles an~d practices in accounting E.O.P. computer systems and office administration, with particular skill in the implementation of accounting methods, procedures and controls, and budget preparation and control in order to provide accurate financi-al reports; a good kno*ledge of OMC and Ministry.policies and of payroll and personnel policies; ability~to deal effectively and tactfully.w.i'ch seni~or management." ., -i The Pos as follows (Exhib -4- tion Specification for that pos t 25): ition reads "POSITION SPECIFICATION 2. Position. Code 55-8300-39 3. Department Housing Division/Branch Ontario Mortgage Corporation I Section/Sub-Section I Unit/Location 5. Title of Immediate Supervisor: vi 1 Revis;z,;,;;;;;er General -"'I 6. Number of Number of Number of Positions _ Incumbents Incumbents Directly Directly Indirectly - Supervised Supervised Supervised 7. Summary of Position: To administer the budgetary process of Ontario Mortgage Corporation's (OMB) administrative expenses, the Mortgage Contingency Fund and real estate projects under OMC management through the preparation of these budgets and the monthly review, analysis and reporting of revenues and expenditures. 8. Duties and Responsibilities (use Position Analysis Guide Format including time percentage for each Key Duty): 1. Controls the OMC administrative budget by: - co-ordinating and preparing the section budgets on an annual basis based on information and requests from various depart- mental managers; - analyzing a variety of control accounts to ensure correct 30 fi allocation of charges and reporting to supervisor where over or under spending has occurred; - recommending to supervisor corrections or revisions. to budgeted expenses based on program changes; - preparing, reviewing and analyzing monthly budget reports for all managers to inform them of their section's performance and reviewing and discussing the analyses accordingly. ., i - 5 - 2. Administers the financial reporting system for real estate projects under OMC management by: - preparing operating budgets based on information from project 30% managers and analysis of prior year's expenditures: - preparing and analyzing financial expenditure statements of the real estate projects to illustrate their current status for both project managers and senior management; - recommending changes in accounting procedures and controls related to property management in order to provide better internal control and information reporting for management. 3. Administers and controls the financial reporting system for the Mortgage Contingency Fund and the Approved Lenders Fund by: Note: The Mortgage Contingency Fund acts as an insurance fund to protect OMC's investment in mortgages against default. The Approved Lenders Fund is an insurance fund in the financial records of Ontario Land Corporation (OLC) set up to guarantee private mortgage lenders against default on OLC properties. 30% - preparing and analyzing monthly financial statements by researching the relevant financial data (eg. current interest rates, current market value of securities) from banks 3 Province of Ontario Savings Office, Ministry of Treasury and Economics, etc. to illustrate the current financial position of the Fund; - preparing and analyzing the annual budget and cash flow requirements to advise supervisor when the liquidity of the Fund requires attention; - analyzing and paying claims made by OMC for losses incurred 'On default; (eg. in 1978/79 $1,650,000 expended); - analyzing receivables and payables with the Mortgage Contin- gency Fund to ensure reconciliation; - assessing and approving claims against the Approved Lenders Fund submitted by private mortgage companies; - ensuring the acquired properties are noted as assets in the books of OLC; - analyzing all transactions affecting the acquired propert i in the fund and preparing journal entries and cheque requ i tions to ensure the fund maintains the correct balance. 4. Performs other related duties such as: - providing financial information .to chartered accountant fi 10% who are preparing audits on companies for which OMC holds mortgages; - as assigned. es si- rms . Working Conditions:. Working Hours: A minimum of 36;; hours per week. ., . . - 6 - 10. Working relationship with those supervised and others (do not include relationship with Supervisor here - see Item 15): With financial staff of Land Development Wing - to discuss and resolve matters relating to the Approved Lenders Fund; With staff of O.M.C. - to liaise and provide information on budgets and transactions affecting the Mortgage Contingency Fund; With Finance staff - to analyze and reconcile O.H.C. payroll accounts; With Chartered Accountant Firms - to provide information re O.M.C. With Ministry of Treasury and Economics - to discuss investments; mortgages. With banks, Province of Ontario Savings Office - to check interest rates and reconcile bank statements. Il. Equipment used: Electronic calculator, normal desk tools. 12. Knowledge required to undertake the duties of the position (a) Formal Education: A few years of accounting experience preferably in a mortgage related area; sound knowledge of the principles and practices of accounting, EDP computer systems and office administration, with particular skill in the implementation of accounting methods, procedures and controls and budget preparation and control in order to provide accurate financial reports. A good knowledge of O.M.C. and Ministry policies and of payroll and personnel policies. Ability to deal effectively and tactfully with senior management. 13. Work Complexities: (a) Variety: Administers and controls the financial reporting system for the Mortgage Contingency Fund and Approved Lender Fund; monitors and reconciles the O.M.C. budget; administers the financial reporting system for real estate projects under O.M.C. management. (b) Difficulty: Maintains and reconciles accounting records from a wide variety of sources for the various funds and projects re- quiring a thorough awareness of changes in financial policies and procedures of O.M.C., O.H.C. and O.L.C. Implements these changes in an accurate and timely fashion to ensure accounting controls aren't weakened. (c) Choice of Action: Analysis accounting procedures and routines, formulating, recommending and implementing alternative methods of external accounting for financial transactions. - 7 - 14. Importance of Errors: Errors in analyses resulting in incorrectly prepared financial statements could result in inappropriate financial decisions by senior management. 15. Control by Supervision: Works under general supervision of Chief Accountant/Treasurer. 16. Control by Procedure: Controlled by O.M.C. Accounting Policies and Procedures Manual and the Manual of Administration. 1 certify that this is a fair and accurate statement of the requirements of the position: Supervisor I concur: Dept. Official Date Prepared by: Prepared by: "Carol Ann Wilk" "Carol Ann Wilk" I have read this I have read this position specifica- position specifica- tion and understand tion and understand it: it: I certify that this spe- 1 cification is prepared in accordance with standards Incumbent contained in the Position Analysis Guide: Date Superseded speci- fication dated: Four applicants were interviewed on June 20th, 1979 by a Selection Board comprised of Michael Keith, then Treasurer - Chief Accountant, Ontario Mortgage Corporation; Ralph Mohammed Manager, General Accounting, Ontario Mortgage Corporation; and Carol Ann 'Wilk, Ministry Personnel Officer. -a- The Selection Board determined that none of the applicants met the qualifications of the position primarily on the, basis that no candidate had the requisite accounting experience. Subsequently, it was decided that in view of the Grievor's previous good work record'as a Clerk 4 General and h'er length of tenure with the Ministry, that she would be offered the position as a Financial Officer Trainee on an underfill basis. The underfill designation was deemed necessary because,in the opinion of the Selection Board,she did not possess accounting knowledge required for the position. At that time it was Mr. Keith's opinion that with some training that the Grievor would eventually prove successful. On July lath, 1979, Mr. Keith sent the Grievor a letter confirming the Ministry's offer of the position as a "Financial Officer Trainee for a period up to 6 months" (Exhibit 4). The letter also stated: "After having successfully completed additional accounting courses towards your Business Administration degree and gained experience with our mortgage and general accounting system, you will be promoted fully to the Financial Officer I classification...." - 9 - As a result of a written inquiry from the Grievor, Mr. Keith wrote a second letter dated August 15th, 1979 (Exhibit 6) which clarified the terms of,employment as follows: "Being promoted to the Financial Officer 1 classification is dependent upon your work performance, not upon obtaining a degree in business administration. My intention, in my original letter to you, was that it is our desire at O.M.C. that you do continue your accounting courses as this enhances your future mobility as well as giving you additional theory to apply in your present position, which is beneficial to us all and, in effect, does help your job performance." The Grievor commenced work on August 7th, 1979, under the direct supervision of Mr. Mohammed the Manager of General Accounting at Ontario Mortgage Corporation. Mr. Mohammed briefed the Grievor on the responsibilities of the position, advised her of the background of the new position, and the mann'er in which it differed from the job of the previous incumbent. He further advised the Grievor that the Department was in the process of being computerized. Mr. Mohammed gave the Grievor all available documentation from the previous incumbent's file (Exhibit 23) with instructions to the Grievor to review the material and to discuss any areas that were "unclear". Mr. Mohammed then left on three weeks vacation and did not return until the first week of Se,ptember, 1979. - 10 - From the time that Mr. Mohammed returned from vacation until the demotion of the Grievor in October of 1981, the Parties differed substantially in their recollection of the intervening events. The training given to the Grievor during 1979 took the form of "on-the-job training". Mr. Mohammed testified that the Grievor had no queries on the materials given to her, and therefore he assumed that she comprehended the basic concepts of the job. For the next few weeks, it was Mr.'Mohammed's evidence that he spent approximately two hours per day reviewing various procedures with the Grievor and correcting errors. Mr. Mohammed was concerned from the outset that the Grievor seldom made any input into the decision making process and that she displayed a tendancy to repeat elementary bookkeeping errors. For example during this period of time according to Mr. Mohammed's evidence, the Grievor had difficulty understanding the basic concepts of debits and credits On the other hand, her payroll functions were performed to Management's satisfaction. On October 22nd, 1979, there was an informal assessment of the Grievor's performance by Mr. Keith and Mr. Mohammed in her presence. At that time the Grievor stated that she needed more day-to-day training. Mr. Mohammed testified that at that meeting he expressed the view that he was unable to understand why he should be expected to teach basic bookkeeping concepts. On November 9th, 1979, Mr. Keith sent a written memorandum to - 11 - the Grievor (Exhibit 7) briefly outlining the Grievor's formal training program of "theoretical training" and "practical". That memo read in part: "As part of Mrs. Bodkin's formal training program there are two categories of training to be considered. Firstly, Theoretical trainins must be acquired through formal education. This type of training is being acquired through the continuation of Mrs. Bodkin's present academic program at Ryerson. Secondly, Practical training is acquired on the job through various methods: (1) initial job analysis with emphasis on methods of determining and attacking job related problems. (2) consideration of alternatives to deter- mine proper solutions to problems, 13) recommendation and imolementation of solutions to problems', (4) an in-depth study (analysis) of and procedures of the accounting data processing systems, methods and (5) constant review of all procedura 1 changes." Mr. Mohammed testified that in October of 1979 he realized that the Grievor required more training than had been anticipated, and accordingly from October 1979 to March 1980 he spent approximately 1% to 2 hours per day with her on practical training. However, he noted in his evidence that 'Iwe would go over the same problem over and over again". Mr. Mohammed's evi~dence was that the Grievor left many tasks uncompleted,that sh'e did not review Computer WpOrtS, and that the general ledger - 12 - was not kept up-to-date. The first formal performance review of the Grievor was held on February 25th, 1980. In a memo dated March llth, 1980, (Exhibit, 8) Mr. Keith deferred the Grievor's merit increase until May, 1980 and in so doing commented as follows: "After six months in the position, Brenda's grasp and performance of certain responsibilities is very good in these areas, and her effort and achievement meets the requirements of the position However, there are still a number of functions of the job position that have not, as yet, been mastered by Brenda and although her effort is excellent, her achievement is not up to the standards of expectations of either Mr. Mohammed or myself. We have established a plan of attack to resolve these deficiencies and will review the improve- ments the first week of May 1980." The plan of attack referred to in Exhibit 8 was the assignment given to the Grievor to work with Mr. Mohammed on year end procedures during the entire month of April, 1980. During that time, Mr. Mohammed spent approximately 2% hours per day with the Grievor in the preparation of year end data. The Grievor was successful in performing the year end procedures while working under the direction of I"lr. Mohammed. Mr. Mohammed's evidence was to the effect that he believed that the Grievor now understood the basic conce,pts of the job after a nine month oeriod. - 13 - During the month of May, 1980, Mr. Mohammed admitted that he -didn't devote much time to the Grievor's training, and as a result basic errors in the Grievor's performance reoccurred. On May 27th, 1980, Mr. Mohammed and the Grievor met to review the job responsibilities. Each of the Parties had differing recolbctions of what transpired at that meeting (Exhibits 9 and 10). Mr. Mohammed testified that the Grievor still did not have the ability to identify errors in various accounting procedures. In July, 1980, a goal setting and review procedure (Exhibits 11 and 30) took place in which the Grievor was' described by her Supervisor as a"conscientious employee". Mr. ~Keith made the written comment in the above Exhibits that "continued hard work on Brenda's part had overcome many of the difficulties incurred during the first year in her Financial Analyst position - further effort is still required". The Grievor was granted a merit increase in July which in turn was retroactive to May lst, 1980. She also succeeded in getting a second merit increase retroactive to November, 1980 (although admittedly on a technicality). The evidence of both Mr. Mohammed and Mr. Keith was to the effect that the Grievor's progress in terms of performance to the end of 1980 was minimal. With that fact in mind, on i i - 14 - December 9th, 1980, Mr. Keith and Mr. Mohammed met with personnel representatives and various options were considered including the award of a conditional merit increase and demotion. Mr. Keith recalled that he was told by Ministry personnel at that meeting that there was a lack of documentation of the Grievor's errors. an outline of the Grievor's specific job duties and h of her performance (Exhibit 14). That document reads Finally, on February 19th, 1981, Mr. Keith prepared is evaluation in part as follows: "GENERAL ITEMS 1. Payroll Deduct in this area. ions - Excellent performance 2. General Accoun ~. ting - lack of basic under- standing in tne following areas: i) Basic use of debits s credits ii) Contra Accounts - their effect and inter-relationship on the General Ledger and Projects iii) Reconciliation, corrections, and adjust- ments to General Ledger Accounts iv) Review of the daily transaction ledger. This is not currently being done because it appears you do not understand the report, therefore the work has been re-assigned. The lack of understanding of the report has resulted in errors being missed. v) The inter-relationship of General Ledger accounts such as Rent Receivable, Allowance for Doubtful Accounts and Bad Debt Expense. - 15 - 3. Unable to work independently with accuracy. 4. Unable to grasp complex accounting problems. 5. Failure to follow through to completion reports and adjustments concerning project and reports. 6. Priorities - First completes tasks, easily understood e.g. payroll however, ignores or delays on reconciliation or reports - not understood. . . . . . . . . . . . Position Specification The items below are functions presently described as part of the responsibilities of your position. These are presently not being done or have been re-assigned to other staff: i) Co-ordinate and prepare all administrative and project budgets. ii) Recommending changes in accounting procedures and internal controls. iii) Full responsibility for the O.M.C. Re and the O.L.C. Approved Lenders Fund: serve Fund a) reviewing market value of securit b) analyzing and preparing JEV's for on the Reserve Fund; ies; claims c) analyzing and preparing claims for outside mortgage lenders on the Approved Lenders Fund; d) analyzing and preparing JEV's for O.L.C. Acquired Properties. iv) Audit Confirmations - Not being done on a timely basis. These above functions represent 40-50; of the position's responsibilities. Communication of support staff must be maintained in order to clarify unusual items (site offices. F inally, Correcting deficiencies listed previously re : General Items Training Items A March lath, further memorandum prepared by Mr. Keith dated 1981 (Exhibit 15) was sent to the Grievor. That document reads in part: - 16 - The consequences of the above-mentioned errors result in loss of credibility with the OMC and OLC Board of Directors and the operating managers of the various sections within the two Corporations. This incorrect information also results in perspective purchasers of our Real Estate purchases having incorrect financial information on which to base their Offers to Purchase. These Offers to Purchase require that we certify "that the statements are accurate and should any loss occur resulting from the in- correct information, OMC is held liable. Management Expectations of the Financial Officer and of Yourself in this Position - Must be able to review reports and decide on appropriate actions. - Efficiency and accuracy is essential. - Investigation and research of unusual items should be investigated independently. - General Ledger files must be maintained on a daily or regular basis. - Statements must be prepared on a timely basis. - Change in accounting procedures must be documented and reviewed with Manager, General Accounting Position Specification Items" . IT - 17 - "In order that you improve your work performance, I will restate my expectations for your position: (Same informati "After we establ performance, it n as in Exhibit 14)" sh goals for your improved is my intention to monitor ., _ and review your performance on a montnly basis. If your performance does not improve in the areas outlined, I will have no choice but to defer your next merit increase Andy the removal of your underfill. I would also like to appraise you of the fact that if your performance does not improve to a level required for the position within a reasonable period of time, I will have no alternative but to recommend your demotion to a position consistent with your knowledge and abilities." In June 1981, Mr. Mohammed sent a memorandum to Mr. Keith in which he reviewed the Grievor's performance, and in so doing documented numerous errors on the Grievor's part. He also indicated areas where some improvement had been made and areas where there was no improvement. On September 16th, 1981 a meeting was he1.d in the presence of the Grievor, Mr. Mohammed and Mr. Ke purpose of discussing the Grievor's future. Exh the highlights of that meeting as recalled by Mr October 13th, 1981, Mr. Mohammed wrote to the Gr ,i effect that she had overstated the profit figure tes th for the bit 19 reci Ke ith .' On evor to.the on the Wellington . ^ Place 20). - 18 - project by some $45,000.00 to $50,000.00 (Exhibit On October 7th, 1981, Derek Haley, Vice-President, and General Manager of OMC wrote to the Grievor citing several examples of "significant errors' in the Grievor's,work per- formance (Exhibit Zla). Finally, on October 30th, Mr. Haley wrote a second letter to the Grievor citing discrepancies in calculations and concluding that the Grievor was unable to perform her duties (Exhibit 22). In that letter Mr. Haley reassigned the Grievor's responsibilities,effective November Znd, 1981,to the position of Accounts Clerk in the Chief Accountants Section of Ontario Mortgage Corporation (Classifi- cation Clerk 5 General). In her evidence, the Grievor alleged that there was no formalized training program during her 26 month tenure in the,underfill position. In the Grievor's own words "the whole job was never explained to me - I got into it by bits and pieces, sometimes by asking, sometimes by being told". The Grievor admitted that for the first several months she was in a confused state. She complained that Mr. Mohammed was "extremely abrupt" in his instructions and generally unwilling to answer her queries. The Grievor alleged that Management consistently ignored her repeated written demands for merit increases and the removal of the lunderfill status. She alleged that Mr. Mohammed admitted having a personality conflict with the Grievor on several occasions. It was the Grievor's evidence that this~ personality conflict - 19 - affected Mr. Mohammed's judgement of the Griever's performance. In particular, the Grievor testified that her Supervisor spent no more than an average of one-half hour with her on a daily basis and deliberately conveyed to her the impression that her questions were not welcomed. In her evidence, the Grievor presented a far more favourable portrayal of her relationship with Mr. Keith. She found him to be generally approachable and helpful, but unwilling to interfere with Mr. Mohammed's role as Supervisor. The Grievor referred to the generally favourable evaluation of her performance by Mr. Keith and Mr. Mohammed in Exhibit 11, and to the "excellent" approval rating given by Mr. Keith as his memo of August Eth, 1980 indicates (Exhibit 12). The Grievor's first concern about Mr. Keith's role occurred in February 1981 when the Grievor received Exhibit 14 referred to above. The Grievor disagreed with many of the observations of Mr. Keith concerning his evaluation of her performance. General lY, the Grievor was satisfied~ with her own performance parti cularly with regard to the year end procedures in both April of 1980 and 1981. She did express concern that Management was not totally satisfied with her performance following the 1981 year end procedures. In her mind she was entitled to a merit increase on May lst, 1981 based on her satisfactory year end performance. - 20 - The Grievor testified that she had constant difficulty with Mr. Mohammed in 1981 and that in September of 1981 he would not even acknowledge her interest in the job. The Grievor admitted that Mr. Keith was extremely critical of her work at a meeting held on October 30th, 1981 but that this criticism was unjustified. She candidly acknowledged making errors on the job, and gave explanations in several instances for those errors. In her evidence the Grievor stated that during most of her tenure, she felt that she was doing a good job and disputed the testimony of Mr. Keith and Mr. Mohammed that she was at best performing only 50% of the job requirements. On behalf of.the Grievor, Mr. LaForme argued that the Grievor's problems were directly attributable to the fact that no measurable training program was available to the Grievor. He urged the Board to give more weight to written evidence than to oral evidence and that the written documentation demonstrated constant improvement in her performance. Mr. LaForme argued that the Grievor was improperly assessed, not as a trainee but rather as a Financial Analyst. In essence, his position was to the effect that the Grievor and Mr. Mohammed had a personality conflict and that as a result she had no real opportunity to be appointed to the position following the Management meeting of December 9th, 1980. - 21 - On behalf of the Employer, Mr. Tarasuk characterized the fact situation as a non-disciplinary demotion and denial of the position based on the conclusion that ~the Grievor had demonstrated total inability to understand the requirements of the job. He alleged that the Grievor had been afforded every opportunity by way of "on the job training" during an extended period of time. He described the nature of the Grievor's errors as "basic bookkeeping and accounting errors", and that a beyond tha lthough she per f t point she fai 1 ormed well in payroll functions, ed to make satisfactory progress. In assessing the evidence, there can be no doubt that for then first month in the underfill position, the Grievor was left virtually without supervision. Accordingly, in addressing the issue, we would discount any reference to that period of time. There is no doubt that the training given to the Grievor by Mr. Mohammed took the form of "on-the-job training" in which we accept the evidence of Mr. Mohammed that he did spend considerable time with the Grievor on a daily basis at least until May of 1980. In addition, through her own initiative, the Grievor had the benefit of formal accounting training at Ryerson Polytechnical Institute for which she received a Business Administration diploma in May of 1981. While attending Ryerson the Grievor completed six courses - two in Accounting; one in Business Management; one in Economics; one in Business Law; and one in Business Communications. In addition, the Grievor had - 22 - the benefit of a five day Personnel Relationship course sponsored by the Ontario Civil Service Commission in June of 1980, and a two day computer course to enable her to understand basic Data Processing. The evidence is clear that in the Grievor's mind she had a personality conflict with her Supervisor. On the other hand, we are satisfied that the personality conflict was not reciprocated by Mr. Mohammed. In our opinion, the evidence is clear that Mr. Mohammed want ed the Grievor to achieve the full status of the Financial Analyst position and that he was generally objective to h is assessment of her performance. We find as a fact that Mr. Keith was helpful and supportive of the Grievor's needs and totally objective in his assessment of her performance. The job in question involved basic bookkeeping and accounting duties requiring analytical evaluations to assess financial statements, budget and other related documentation Implici t in the job description was the requirement of accuracy and the ability to make decisions. It is obvious that the Parties had differing expectations of the job. The Grievo,r felt that she was performing the job satisfactorily while Mr. Keith and Mr. Mohammed agreed that she at no time performed more thanr50Z of the requ.irements of the job specification, and that her performance was inconsistent. .+ -c There can be no doubt that the Grievor was a conscient ious worker who tried to the best of her ability to grasp the essential requirements of the job in the under- fill pos ition of Financial Officer trainee. Similarly, the evidence is clear that the Grievor made some improvement from time to time in her performance. She was awarded a merit increase in July of 1980 retroactive to May as a result of that progress. - 23 - Having reviewed the evidence in its, entirety, we are satisfied that the Grievor performed satisfactorily under constant supervision, as evidenced by her year end performance under the direct supervision of Mr. Mohammed in 1980 and 1981. However, we are not satisfied that her perfo'rmance was satis- factory even as a trainee without constant supervision. The ,evidence is clear that she made bookkeeping and accounting errors of a repetitious nature. In our opinion, she did not meet the requirements of accuracy in the ability to analyze financial data with any degree of consistency. Her performance fluctuated from periods of acceptable standards to periods of basic errors in accounting principles. Exhibits Zla, Zlb, 22, 23, 31, 32, 33, 34, 35, 36, ,37, 38 and 41 amply illustrate those errors. - 24 - We are satisfied that the training program (with the exception of the first month) established for the benefit of the Grievor, was a reasonable program of on-the-job training that was designed to provide adequate instruction. The Grievor's prime difficulty was her inability to comprehend basic accounting principles without constant supervision. Her failure to fully comprehend basic accounting principles made it difficult to grasp more complex accounting procedures. Therefore, we find that Mr. Mohammed provided the requisite training program and both Messrs. Mohammed and Keith provided periodic assessments to afford the Grievor a reasonable opportunity for removal of the underfill position over an extended period of time. On the evidence, we are unable to find that any of the three Grievances are supportable, and accordingly each is dismissed. DATED at Brantford, Ontario, this 14th day of February, A.D., 1983. \ c==- /4-d L CA ‘7 R. L. Verity, Q.C. - Vice-Chairman “F. Collom” F. Callon - Member “D. kiiddleton” D .~ h;lddlcton - Member 8: 2310 7: 3546