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ARTICLE 8: SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Mounds View. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9: PROBATIONARY PERIODS 9.1 All newly hired or rehired employees will serve a 12-month probationary period. At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 9.2 All employees will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. 9.3 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE 10: SENIORITY 10.1 Seniority shall be determined by the employee's length of continuous employment as a sergeant in the Mounds View Police Department. Seniority rosters may be maintained by the Chief on the basis of time in department and time within specific classifications. 10.2 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two(2)years of the time of the employee's layoff before any new employee is hired. 10.3 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 10.4 Senior qualified employees shall be given shift assignment preference. 6