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Page 10 <br />'rrrr <br />8.2 When a Fire Fighter's position, lst or 2nd Class, Fire Cadet, or Fire <br />Cadet/Paramedic, has been abolished and is re-established, the person who <br />previously held that position shall be entitled to that position. If a <br />position above the rank of Fire Fighter 1st or 2nd Class is abolished, <br />then re-established, the person who previously held that position shall <br />be entitled to that position. No new Dnployees shall be hired until all <br />laid off Employees within that classification have been given the <br />opportunity to return to work. Any Employee laid off for more than <br />thirty-six consecutive months shall not be called to return to work. <br />8.3 Should the City develop a policy to provide hospitalization for laid off <br />Employees, the Associati~ agrees to accept it. <br />8.4 Any F~loyee laid off and subsequently recalled to work shall return to <br />work with all benefits and privileges previously held provided the same <br />have not been used, including but not limited to seniority, accunnxlated <br />sick leave, holidays and vacation rights. <br />ARTICLE IX <br />DiSCIPLTl~ AMID DISCf~ARGE <br />9.1 No Employee shall be disciplined or disc without dust cause. <br />9.2 In all cases where written and formal charges have been placed against <br />Employee(s) which could result .in loss of duty time, suspension., fine or <br />punishment of any kind, the Employee shall receive ftbm the Fire Chief <br />copies of .exact charges placed against him at least ten days prior to <br />the effective date of the actioci. <br />9.3 In a~ case of discipline or discharge, the Employee shall have-the right <br />to appeal such action through the Grievance Procedure begl.nniing at Step 3. <br />Appeals must be filed: <br />(a) Within thirty days fr~n the notificatiarr of written and formal charges. <br />(b) Within ten days from notification in all other cases. <br />9.4 An Employee against .whom Disciplinary or Discharge charges have been .placed <br />shall, at his option, be allowed to call witnesses to testify at arty <br />hearing relating to his Discipline or Discharge. <br />9.5 Failure of the Employer to conform with the requirements of. this Article <br />shall render the Discipline or Discharge rnyll aryl void. <br />9.6 Failure of the~Emplayee to confa~n with the requirements of this Article <br />shall result in the Employee relinquishing his rights of appeal under <br />this Article. <br />9.7 ~ time limits set forth~in this Article may be modified by mutual _ <br />written aent~of the Association and the EtrQl~ter. <br />