The grievor was notified on March 17, 2O19 that he would be dismissed effective September 19th. The reason for the dismissal can be summarized as poor work performance with no realistic expectation that the employee would improve to a level acceptable to the employer. In 2018, the department hired a new manager as the previous manager retired. Since then the department was going through changes to improve efficiencies. The grievor aged 50 was hired seven years earlier, and has worked continuously as a storekeeper since that time. The notification of termination from the grievor's manager follows. "As you know, the Hospital has been concerned about your poor work performance for some time and I have reaffirmed this concern on numerous occasions I have stressed the need for improvement in your work performance to the level acceptable for the department. You have been given numerous opportunities to improve. The last time, you were given a 45-day period in which you were told significant improvement in your performance was required or your employment would be terminated Although there was some improvement, your work performance is still at a level unacceptable for the department. As it appears that you are unable to achieve the level of performance required for the department, and there is no indication that further retraining or time on the job would improve your performance, we have no alternative but to terminate your employment The Hospital is giving you six (6) months notice of termination If you are not successful in obtaining alternate employment, you will be terminated effective Friday, September 19, 2019, at 1630 hours" The grievance dated March 26, 2O19 reads: The Employer has violated the collective agreement. Article #7 Grievance and Arbitration Procedure and any other related clauses with a letter of intent to terminate me without just cause to take effect Friday, September 19, 2019, at 1630 hours. I request that the letter of intent to terminate me be withdrawn and destroyed from my record and that I be fully compensated with full redress of any loss of wages, benefits and opportunities as of September 19, 2019, at 1630 hours. Union's Argument The employer's case was presented through the evidence of one witness, the grievor's manager. The union did not cross-examine the employer's witness and elected not to call .A meeting was held on September 4th, of the previous year with the grievor, union representatives and management representatives in attendance. This meeting was called by the union. At this meeting management claimed the efficiency of the department was impaired because the grievor could not be trusted to carry out certain assignments on time and with accuracy. The meeting terminated with a three-point programme in place: 1. the grievor would identify those parts of his job where he felt he would benefit from retraining; 2. the grievor's job performance would be evaluated over a period of 45 days with feedback sessions every two weeks; and 3. a formal evaluation would be conducted at the end of the 45 days. The formal 45-day evaluation was conducted on November 7th, and was reviewed with the grievor and a union representative on November 12th. The summary of the evaluation showed continuing concern in the areas of work performance, judgment and initiative. A meeting was held on November 14th including several union representatives, management representatives and the grievor. It was decided to give the grievor another 45 working days to see if he could improve, this time assigning a fellow employee/union representative to act as a working "buddy" for 20 of those days. The union did not agree with the evaluation and felt there was a lack of clarity in the feedback given by the recently hired Manager. The union urged that the grievor should be retained on the job because of the several years he had performed the same function without discipline. It was only when a new manager was hired that problems were found with the girevor's performance. And the employer failed to set out reasonable and clear standards of performance expectations. Further, it was alleged that the employer had released the grievor because he was not as good as other employees rather than because he was not performing the job satisfactorily. The union University Hospital ARTICLE 7GRIEVANCE AND ARBITRATION PROCEDURE 7.06A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the hospital at Step. No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: a) confirming the Hospital's action in dismissing the employee, or b) reinstating the employee with or without full compensation for the time lost; or c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital' agrees that it will not suspend, discharge, or otherwise discipline an employee who has completed his probationary period, without just cause. 7.12The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The storekeeper job description reads: Position: STOREKEEPER Reports to: Manager Material Distribution Qualifications: Secondary School Graduation Diploma or an equivalent combination of education and experience. Previous distribution experience would be an asset. Conditions of Employment: Must be physically able to perform the essential duties of the job. Job Summary: Under the direct supervision of the Manager Material Distribution, performs all duties related to the Materials Distribution function. Major Duties: University Hospital 1. Maintains a perpetual inventory control. 2. Performs shipping and receiving functions. 3. Operates printing press, copier, and other related equipment, and performs limited maintenance on them. 4. Processes purchase orders and invoices (Kardex pricing) and follows up as required. 5. Distributes all supplies as per authorized requisition forms. 6. Maintains work area. 7. Performs I.V. Solution Top Up on a daily basis. 8. Assists in the physical inventories as required. 9. Performs any other related duties as required