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If, in the opinion of the Fire Chief, a vacancy in the department could be filled better by an open - competitive examination instead of promotional examination, he /she shall arrange an open- competitive employment list consistent with the Personnel Rules. B. Demotion 1. When a Division Chief probationary demotion crosses bargaining units, there is continued employment with the LPFD, so there is no impact to department seniority. As there is no break in Department service, the reinstatement - reemployment section of the Local #1974 MOU does not apply. Therefore upon demotion during probation, a Division Chief promoted from Local #1974, will have rank seniority restored with the only reduction being the missing weeks served in a management capacity. 2. Any demoted employee from management or within Local #1974, upon return will have their overtime factor set to the highest of their rank assignment, plus one (1) hour. 3. The above policies for rank seniority and the overtime factor will cover self or forced demotions within the 3 to 12 -month promotional probationary period for members of Local #1974. If a demotion occurs after that, demotions will occur to open positions, rank seniority will be affected so that the demoted employee will "start- over" for rank seniority and that the overtime factor will be reset as in "B" above. 4. Chiefs hired from outside the bargaining unit cannot demote to a line position. There is no provision for this in the 1974 MOU, LPFD Management Compensation Plan or LPFD Personnel Rules. It is against existing personnel rules as a person demoted must have previously served in the position and also be allowed to move back because the Fire Chief also finds they are still qualified for the prior position. Section 24. Resignation, Reinstatement and Layoff 24.1 Automatic Resignation Failure to return at the expiration of a leave of absence or being absent without leave shall be considered an automatic resignation. The Fire Chief may rescind such a resignation if the employee submits satisfactory reasons for his/her absence within three (3) calendar days of the date his/her resignation was effected. 24.2 Voluntary Resignation An employee may resign in good standing by submitting to the Fire Chief a written resignation stating the reasons therefor and effective date thereof at least two (2) weeks prior thereto. 27