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personnel or operations management or of employees not covered by this Memorandum of <br />Understanding. <br />Section 44. Separability <br />Should any provision of this Memorandum of Understanding be declared illegal by a court of <br />competent jurisdiction, that provision of the Memorandum of Understanding shall be null and <br />void but such nullification shall not affect any other provision of this Memarandum of <br />Understanding, all of which other provisions shall remain in full force and effect. <br />Section 45. Drug and Alcohol Testing Program <br />The provisions of the Drug and Alcohol Testing Program are incorporated by reference into this <br />Agreement. <br />Section 46. Past Practices and Existing Memoranda of Understanding <br />46.1 Continuance of working conditions and practices not specifically authorized by ordinance or by <br />resolution of the City Council is not guaranteed by this Memorandum of Understanding. Prior <br />to discontinuing or altering any past practice which falls within the scope of representation, the <br />City will provide notice to the Union and, upon request, meet and confer prior to implementing <br />the change. <br />46.2 This Memorandum of Understanding shall supersede all existing Memoranda of Understanding <br />between the City and the San Leandro City Employees' Union. <br />It is mutually recommended that the modifications shown above shall be made applicable on the <br />dates indicated and these modifications represent the full and final settlement of all proposals <br />made by the San Leandro City Employees' Union. <br />This Memorandum of Understanding and the recommended modifications herein shall <br />commence on January 1, 20109 and shall remain in effect through December 31, 201099} <br />except for those provisions assigned other effective dates or subject to the negotiations re- <br />opener provisions. <br />Section 4'7. Reopener <br />The parties agree to reopen Section 29 for the purpose of determining whether or not to <br />continue the medical insurance benefits under CaIPERS Health Plans. <br />Section 48. COPE Deductions <br />The parties agree that effective the first of the second month following the ratification of this <br />agreement, employees will be able to have deductions made on a voluntary basis from their <br />salary to the COPE Political Action Fund. <br />Section 49. Employee Furlough Program <br />All employees, except for specially designated employees as determined by the City Mana ear, <br />will be furloughed from work on an unpaid basis a designated day each month from January 1, <br />34 <br />