(a) The seniority of the employee shall be considered broken and the employee shall be considered terminated for the following reasons:
(1) The employee resigns his position in the service.
(2) The employee is discharged for just cause and the discharge is sustained.
(3) After recall notice has been given to the employee, the employee fails to report for work after fourteen (14) calendar days.
(4) The employee is absent of his own accord for a period of more than five (5) consecutive workdays and fails to properly notify for a leave of absence.
(5) The employee fails to return at the expiration of an approved leave of absence.
(6) An employee enters primary employment for another employer.
(7) An employee is laid off continuously for more than three (3) years.
(b) At the beginning of each year, the employer shall notify the Union in writing of all employees coming off any such list(s) that year. The City shall also provide written or fax notice to the Union weekly of any acceptances or rejections of recall.
(c) When an employee loses seniority for reasons listed in 3 through 6 above, said employee shall be given written notice of the reason for such loss of seniority and shall be given the opportunity of having a hearing before such action is taken. Loss of seniority for any reason except paragraph (2) above, shall not be subject to review under 2105.23(f) Procedure; Appeal to Civil Service.
(d) Notwithstanding the provisions of Section 2105.46 Personal Leave of More than Thirty Calendar Days, an employee may be granted a leave of absence without pay for a period of not to exceed two (2) years for the purpose of entering employment by a Bargaining Agent with which the City of Toledo has entered a collective bargaining agreement covering employees of the City of Toledo. This period may be extended on a year-to-year basis by mutual agreement.