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ARTICLE VIII- SAVINGS CLAUSE <br />This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the <br />City of New Brighton. In the event any provision of this AGREEMENT shall be held to be <br />contrary to law by a court of competent jurisdiction from whose final judgment or decree no <br />appeal has been taken within the time provided, such provisions shall be voided. All other <br />provisions of this AGREEMENT shall continue in full force and effect. The voided provision <br />may be renegotiated at the written request of either party. <br />ARTICLE IX - SENIORITY <br />9.1 Seniority shall be determined by the EMPLOYEE'S length of continuous time in grade as <br />a Sergeant with the Police Department, except as provided for in Section 9.3. Such <br />seniority will be posted in an appropriate location. Seniority rosters may be maintained by <br />the Director on the basis of time in grade and time within specific classifications. <br />9.2 During the probationary period a newly promoted employee may be reduced in rank at <br />the sole discretion of the EMPLOYER. <br />9.3 A reduction in the work force will be accomplished on the basis of seniority. For <br />purposes of this section, seniority shall be considered on the basis of full time <br />employment in the Department of the EMPLOYER. Employees shall be recalled from <br />layoff on the basis of seniority. An EMPLOYEE on layoff shall have an opportunity to <br />return to work within two years of the time of the EMPLOYEE'S layoff before any new <br />EMPLOYEE is hired. <br />9.4 Senior employees will be given preference with regard to transfer, job classification <br />assignments and promotions when the job relevant qualifications of employees are equal. <br />9.5 Senior qualified employees shall be given shift assignment preference after eighteen <br />months (18) of continuous full-time employment. <br />ARTICLE X - DISCIPLINE <br />10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one <br />or more of the following forms: <br />a) oral reprimand <br />b) written reprimand <br />c) suspension <br />d) demotion, or <br />e) discharge. <br />10.2 Suspensions, demotions and discharge will be in written form. <br />Z <br />