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ARTICLE XIII — LEGAL DEFENSE <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 /> 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 /> ARTICLE XIV — RIGHT OF SUBCONTRACT <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 /> ARTICLE XV — DISCIPLI NE <br /> The EMPLOYER will discipline employees only for just cause. <br /> ARTICLE XVI — SENIORITY <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 /> 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 /> ARTICLE XVII — PROBATIONARY PERIODS <br /> 17.1 All newly hired or rehired employees will serve a six (6) month's probationary <br /> period. <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 /> 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 /> 11 <br />