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pursuing a statutory remedy is not precluded from also pursuing an appeal under this <br /> grievance procedure. <br /> ARTICLE VIII SAVINGS CLAUSE <br /> This AGREEMENT is subject to the laws of the United States,the State of Minnesota and the City <br /> of Orono. In the event any provision of this AGREEMENT shall be held to be contrary to law by a <br /> court of competent jurisdiction from whose final judgment or decree no appeal has been taken within <br /> the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall <br /> continue in full force and effect. The voided provisions may be renegotiated at the written request of <br /> either party. <br /> ARTICLE IX SENIORITY <br /> 9.1 Seniority shall be determined by the employee's length of continuous employment with the <br /> Police Department and posted in an appropriate location. Seniority rosters may be <br /> maintained by the Chief on the basis of time in grade and time within specific classifications. <br /> 9.2 During the probationary period a newly hired or rehired employee may be discharged at the <br /> sole discretion of the EMPLOYER. During the probationary period a promoted or <br /> reassigned employee may be replaced in his previous position at the sole discretion of the <br /> EMPLOYER. <br /> 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall <br /> be recalled from layoff on the basis of seniority. An employee on layoff shall have an <br /> opportunity to return to work within two years of the time of layoff before any new employee <br /> is hired. <br /> 9.4 Senior employees will be given preference with regard to changes in job classification <br /> through transfer,assignment or promotion when the job relevant qualifications of employees <br /> are equal. <br /> 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) <br /> months of continuous full-time employment. <br /> 7 <br />