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8 <br /> <br />EMPLOYER from subcontracting work performed by employees covered by <br />this AGREEMENT. <br />ARTICLE XIII — DISCIPLINE AND DISCHARGE <br />13.1 The EMPLOYER retains the sole right to discipline and discharge employees. <br />ARTICLE XIV — SENIORITY <br />14.1 Seniority will be the determining criterion for transfers, promotions and lay -offs only <br />when all other qualification factors are equal. <br />ARTICLE XV — LAY-OFF <br />15.1 If a lay-off is deemed necessary by the EMPLOYER, the affected employees will <br />be notified in writing at least four (4) weeks prior to the effective date. <br />ARTICLE XVI — PROBATIONARY PERIODS <br />16.1 All newly hired or rehired employees will serve a minimum of six (6) months probati onary <br />period. If the EMPLOYER extends the initial probationary period beyond six (6) months, <br />the employee's base pay rate will not change until the employee has successfully <br />completed the designated probationary period. The extended probationary period wil l not <br />exceed three (3) months. <br />16.2 An employee will serve a probationary period in any job classification for which <br />the employee has not served one previously. <br />16.3 At any time during the probationary period, the probationary employee may <br />be discharged at the sole discretion of the EMPLOYER. <br />16.4 At any time during the probationary period, a promoted or reassigned employee may <br />be demoted or reassigned to the employee's previous position at the sole discretion of <br />the EMPLOYER. <br />16.5 At least three (3) weeks prior to the completion of the probationary period, the City <br />Administrator/Clerk shall review the performance of the probationary employee, and notify <br />the Council of the City Administrator/Clerk's recommendations. The matter shall be <br />placed on the Council agenda for the next regular meeting, at which time the Council shall <br />consider the recommendation and make a determination as to whether the employee <br />shall be terminated at the end of the probationary period. If the employee is not to be <br />continued beyond the end of the probationary period, the employee shall be so notified <br />before the end of such period. <br />