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<br />ARTICLE XIII - LEGAL DEFENSE <br /> <br />13.1 Employees involved in litigation because of negligence, ignorance of laws, non- <br />observance of laws, or as a result of employee judgmental decision may not <br />receive legal defense by the municipality. <br /> <br />13.2 Any employee who is charged with a traffic violation, ordinance violation or <br />criminal offense arising from acts performed within the scope of the employee's <br />employment, when such act is performed in good faith and under direct order of <br />the employee's supervisor, shall be reimbursed for reasonable attorney's fees <br />and court costs actually incurred by such employee in defending against such <br />charge. <br /> <br />ARTICLE XIV - RIGHT OF SUBCONTRACT <br /> <br />Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from <br />subcontracting work performed by employees covered by this AGREEMENT. <br /> <br />ARTICLE XV - DISCIPLI NE <br /> <br />The EMPLOYER will discipline employees only for just cause. <br /> <br />ARTICLE XVI - SENIORITY <br /> <br />16.1 Seniority will be the determining criterion for transfers, promotions, and layoffs <br />only when all job-relevant qualification factors are equal. <br /> <br />16.2 Seniority will be the determining criterion for recall when all job-relevant <br />qualification factors are equal. Recall rights under this provision will continue for <br />twenty-four (24) months after layoff. Recalled employees shall have ten (10) <br />working days after notification of recall by registered mail at the employee's last <br />known address to report to work or forfeit all recall rights. <br /> <br />ARTICLE XVII- PROBATIONARY PERIODS <br /> <br />17.1 All newly hired or rehired employees will serve a six (6) month's probationary <br />period. <br /> <br />17.2 All employees will serve a six (6) month's probationary period in any job <br />classification in which the employee has not served a probationary period. <br /> <br />17.3 At any time during the probationary period a newly hired or rehired employee <br />may be terminated at the sole discretion of the EMPLOYER. <br /> <br />11 <br />