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-6- <br /> This AGREEMENT is subject to the laws of the United States , the State • <br /> of Minnesota and the City of St. Anthony Ordinances . In the event <br /> any provision of this AGREEMENT shall be held to be contrary to law <br /> by a court of competent jurisdiction from whose final judgment or <br /> decree no appeal has been taken within the time provided, such pro- <br /> visions shall be voided. All other provisions shall continue in full <br /> force and effect. The voided provision may be re-negotiated at the <br /> written request of either party. All other provisions of this AGREE- <br /> MENT shall continue in full force and effect. <br /> ARTICLE IX SENIORITY <br /> 9 . 1 Seniority shall be determined by the employee' s length of con- <br /> tinuous employment with the Fire Department and posted in an <br /> appropriate location. Seniority rosters may be maintained by <br /> the Chief on the basis of time in grade and time within specific <br /> classifications . New employees shall be on a six month pro- <br /> bationary period. The employee shall be certified after that <br /> time unless in the opinion of the Fire Chief , additional train- • <br /> ing is necessary before certification. Seniority shall be <br /> according to time and date of hire . In the case of two employees <br /> hired at the same time , one shall be senior in seniority . In <br /> case two or more were hired at the same time , seniority shall <br /> be determined by lottery (such as a flip of a coin or the draw- <br /> ing of a card) . A seniority list shall be established for all <br /> employees and a copy of that list forwarded to the UNION office. <br /> 9 . 2 During the probationary period a newly hired or re-hired employee <br /> may be discharged at the sole discretion of the EMPLOYER. During <br /> the probationary period a promoted or re-assigned employee may <br /> be replaced in his/her previous position at the sole discretion <br /> of the EMPLOYER. <br /> 9 . 3 A reduction of work force will be accomplished on the basis of <br /> seniority. Employees shall be recalled from layoff on the basis <br /> of- seniority . An employee on layoff shall have an opportunity <br /> to return to work within two years of the time of his/her lay- <br /> off before any new employee is hired. • <br /> 9 . 4 Vacation -periods shall be selected on the. basis of seniority <br /> until March 15th of each calendar year. <br />