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ARTICLE IX. CALL BACK <br /> An employee called in for work at a time other than the <br /> employee's normal scheduled shift will be compensated for a <br /> minimum of two (2) hour's pay at one and one-half (1 1/2) the <br /> employee's base pay rate. <br /> ARTICLE X LEGAL DEFENSE <br /> 10. 1 EMPLOYEES involved in litigation because of negligence, ," <br /> ignorance of the laws, non-observance of laws, or as a <br /> result of EMPLOYEE judgmental decision may not receive legal <br /> defense by the City. <br /> 10.2 An EMPLOYEE who is charged with a traffic violation, <br /> ordinance violation or criminal offense arising from acts <br /> performed within the scope of the EMPLOYEE's employment, <br /> when such act is performed in good faith and under direct <br /> order of the CITY shall be reimbursed for reasonable <br /> attorney's fees and court costs actually incurred by such <br /> EMPLOYEE in defending against such charge. !: <br /> 10 . 3 An EMPLOYEE classified as Level D in the Water area <br /> will be covered by the CITY's professional liability <br /> coverage and, if necessary, named separately in the policy. <br /> ARTICLE XI. RIGHT OF SUBCONTRACT <br /> Nothing' in this AGREEMENT shall prohibit or restrict the right of <br /> the CITY from subcontracting work performed by EMPLOYEES covered <br /> by this AGREEMENT. <br /> ARTICLE XII. DISCIPLINE. <br /> The EMPLOYER will discipline employees only for just cause. <br /> Suspension, demotion and dismissal actions shall be regulated by <br /> the Personnel Code. <br /> ARTICLE XIII. SENIORITY. <br /> 13 . 1 Seniority will be the determining criterion for <br /> transfers, promotions and layoffs only when all job relevant <br /> qualification factors are equal . <br /> 13 . 2 Seniority will be the determining criteria for recall <br /> when all job relevant qualification factors are equal.Recall <br /> rights under this provision will continue for twenty-four <br /> (24) months after lay off. Recalled employees shall have <br /> ten (10) working days after notification of recall by <br /> registered mail at the employee's last known address to <br /> report to work or forfeit all recall rights . <br /> 6 <br />