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5 <br />a grievance or an appeal thereof, within the specified time limits, the UNION may <br />elect to treat the grievance as denied at that step and immediately appeal the <br />grievance to the next step. <br />6.4.The time limit in each step may be extended by mutual written agreement of the EMPLOYER <br />and the UNION, in each step. <br />7.SAVINGS CLAUSE. <br />7.1.This Agreement is subject to the law. In the event any 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 provision(s) shall be voided. All other <br />provisions shall continue in full force and effect. The voided provision may be re-negotiated at <br />the written request of either party. All provisions of this Agreement shall continue in full force <br />and effect. <br />8.SENIORITY. <br />8.1.Seniority shall be determined by the EMPLOYEE'S length of continuous employment with the <br />Fire Department and posted in an appropriate location. Seniority rosters may be maintained by <br />the Department Head on the basis of time in grade and time within specific classifications. The <br />EMPLOYER shall establish a seniority list and a copy of that list forwarded to the UNION. <br />8.1.1.Seniority shall be according to time and date of hire. <br />8.1.2.In case two EMPLOYEES are hired at the same time, one shall be senior. In case two or <br />more are hired at the same time, seniority shall be determined by lottery (such as the flip <br />of a coin or the drawing of a card). <br />8.1.3.New EMPLOYEES shall be on a six-month probationary period. The EMPLOYEE shall <br />be certified after that time unless, in the opinion of the Department Head, additional <br />training is necessary before certification. In no event may an EMPLOYEE be subject to <br />more than two consecutive probationary periods. <br />8.1.3.1.During the probationary period, a newly hired or rehired EMPLOYEE may be <br />discharged at the sole discretion of the EMPLOYER. <br />8.1.3.2.During the probationary period, a promoted or re-assigned EMPLOYEE may be <br />replaced in his/her previous position at the sole discretion of the EMPLOYER. <br />8.2.A reduction in work force will be accomplished on the basis of job classification and/or seniority <br />with the EMPLOYEE with the least seniority to be laid off first. <br />8.3.EMPLOYEES shall be recalled from layoff on the basis of seniority. The EMPLOYEE laid off <br />with the highest seniority shall be recalled first. An EMPLOYEE on layoff shall have an <br />opportunity to return to work before any new EMPLOYEE is hired. <br />8.4.Vacation requests shall be selected on the basis of seniority until March 15th of each <br />calendar year.