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10.2 At the discretion of the EMPLOYER, an employee may receive compensatory time off in <br />lieu of standby pay or be paid on the basis of one and one-half (1-1/ 2) hours compensatory <br />time off for each twenty-four (24) hour period on standby status Monday through Friday; <br />three (3) hours compensatory time off for each twenty-four (24) hour period on standby <br />status on weekends and those dates recognized by the EMPLOYER as observed holidays. <br />Such compensatory time accumulation shall be part of the maximum allowed under <br />Section 9.4. <br />10.3 An employee called in for work at a time other than the employee's normal scheduled shift will <br />be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times the <br />employee's base pay rate, or two times the base rate on the actual holiday. Special weekend and <br />holiday schedules for lift checking shall be treated as call backs. <br />10.4 Special weekend and holiday schedules for lift station checking shall be treated as a call <br />back. <br />ARTICLE XI -LEGAL DEFENSE <br />11.1 Employees involved in litigation because of negligence, ignorance of laws, non- <br />observance of laws, or as a result of employee judgmental decision shall not receive <br />legal defense by the City. <br />11.2 Except as provided in Section 11.1 hereof, any employee who is charged with a traffic <br />violation, ordinance violation or criminal offense arising from acts performed within the <br />scope of employment, when such act is performed in good faith and under direct order of <br />the supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually <br />incurred by such employee in defending against such charge. <br />ARTICLE XH - RIGHT OF SUBCONTRACT <br />12.1 Nothing contained in this AGREEMENT shall prohibit or restrict the right of <br />the EMPLOYER from subcontracting work performed by employees covered by <br />this AGREEMENT. <br />ARTICLE XHI - 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 <br />only when all other qualification factors are equal. <br />10 <br />