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24.3 Reinstatement <br />With the approval of the Fire Chief, an employee who has resigned in good standing may be reinstated <br />within two (2) years of the effective date of resignation to a vacant position in the same or comparable <br />class. Upon reinstatement, the employee, for all purposes, shall be considered as though the employee <br />had received a new appointment. <br />When an employee is reinstated within a two year period, the employee's seniority date shall be the date <br />of the reinstatement, not the original appointment date except for service time with Ca1PERS, if the <br />employee has contributions in PERS when reinstated and except for calculating service credit time for <br />retiree medical purposes with the LPFD. <br />Reinstated employees may use prior service credit for promotional eligibility purposes. <br />Reinstated employees may petition the Fire Chief after six months to be removed from probationary <br />status. <br />24.4 Layoff <br />The Fire Chief may lay off an employee because of material changes in duties, organization or shortage <br />of work or funds. <br />The employee having the least length of total continuous service with the department in classification, in <br />which the Fire Chief is laying off, shall be laid off first. <br />Employees scheduled to be laid off may, however, displace the least senior employee in the next lower <br />paying classification of like work who has less seniority. Employees laid off or who through <br />displacement have changed classification shall have their name placed upon a re- employment list in <br />seniority order. The employee with the highest seniority on a re- employment list for a particular <br />classification when a vacancy exists in that classification shall be offered the appointment. No name <br />shall be carried on a re- employment list for a period longer than one (1) year from the date of lay off <br />from Department service or change of classification through displacement. <br />Section 25. Discipline <br />The Department has the right to discipline, demote or discharge employees for cause. <br />Section 26. Grievances <br />26.1 A grievance is any dispute, which involves the interpretation or application of any provision of <br />this Memorandum of Understanding excluding, however, those provisions of this Memorandum <br />of Understanding, which specifically provide that the decision of any Fire Department official <br />28 <br />