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effecting changes in the directives or decisions of management of the -City, nor to effect a change of personnel or operations management or of employees not covered by this Memorandum of Understanding. Section 41. Separability Should any provision of this Memorandum of Understanding be declared illegal by a court of competent jurisdiction, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provision of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect. Section 42. Drug and Alcohol Testing Program The provisions of the Drug and Alcohol Testing Program are incorporated by reference into this Agreement. Section 43. Past Practices and Existing Memoranda of Understanding 43.1 Continuance of working conditions and practices .not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding. Prior to discontinuing or altering any past practice which falls within the scope of representation, the City will provide notice to the Union and, upon request, meet and confer prior to implementing the change. 43.2 This Memorandum of Understanding shall supersede .all existing Memoranda of Understanding between the City and the San Leandro City Employees' Union. It is mutually recommended that the modifications shown above shall be made applicable on the dates indicated and these modifications represent the full and final settlement of all proposals made by the San Leandro City Employees' Union. This Memorandum of Understanding and the recommended modifications herein shall commence on January 1, 2005 and shall remain in effect through December 31, 2005 except for those provisions assigned other effective dates or subject to the negotiations re-opener provisions. 42