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, ' 9.5 Service to the public may require the establishment of r~gular work weeks that schedule work on Saturdays and/or Sundays. 9.6 No involuntary time off without pay (temporary layoff) will be implemented for regular employees while temporary or partime employees are on the payroll. with the exception of the employee doing janitorial work at City Hall and the "On the Job Training" student. ARTICLE X OVERTIME PAY . 10.1 For purposes of determining overtime pay, each day will be the twenty- four (24) hour period beginning at 12:01 a.m. and ending at midnight, while each week will be the seven (7) day period beginning on Monday and ending on Sunday. Hours worked in excess of ei9ht (8) within a day (except for shift changes) or more than forty (40) within a week will be compensated for at one and one-half (II) time the employee's regular base pay. For purpose of this section, "hours worked" shall include hours designated as holiday, sick, vacation or compensatory time-off., 10:2 10.3 For the purpose of computing overtime compensation. over-time hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE XI CALL BACK-STANDBY 11.1 STANDBY. The Employer will establish a seven (7) day rotating schedule of standby assignments. The Employee in standby status will make himself available during that period for call backs and the Employer will call that Employee first should any call backs be necessary. For each twenty-four (24) hour period in a standby status, the Employee will be paid an amount equal to one hour of his base pay rate. 11.2 CALL BACK. An Employee called in for work at a time other than his normal scheduled shift will be paid for the actual hours worked. with a minimum of two (2) hours pay, at one and one-half (II) times the employee's base rate. Special weekend and holiday schedules for lift checking shall be treated as call backs. ARTICLE XII LEGAL DEFENSE 12.2 Employees involved in litigation because of negligence. ignorance of laws. non-observance of laws. or as a result of employee judgmental decision shall not receive legal defense by the City of Arden Hills. 12.2 Except as provided in Section 12.1 hereof, any employee who is charged with a traffic violation. ordinance violation or criminal offense arising from acts performed within the scope of his employment. when such act is performed in good faith and under direct order of his supervisor. shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII RIGHT OF SUBCONTRACT I Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE XIV DISCIPLINE AND DISCHARGE The Employer retains the sole right to discipline and discharge employees. If a Layoff is deemed necessary by the Employer, the affected employees will be notified in writing at least four (4) weeks prior to the effective date. ARTICLE XV SENIORITY. Seniority will be the determining criterion for transfers, promotions and layoffs only when all other qualification factors are equal. -5- "