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fees and court costs actually incurred by such EMPLOYEE in <br />defending against such charge. <br />10.3 An EMPLOYEE classified as Level D in the Water area will be <br />covered by the CITY's professional liability coverage and if, <br />necessary, named separately in the policy. <br />ARTICLE XI. RIGHT OF SUBCONTRACT <br />Nothing in this AGREEMENT shall prohibit or restrict the right of the <br />CITY from subcontracting work performed by EMPLOYEES covered by <br />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 the <br />Personnel Code. <br />ARTICLE XIII. SENIORITY. <br />13.1 Seniority will be the determining criterion for transfers, <br />promotions and layoffs only when all job -relevant qualification <br />factors are equal. <br />12.2 Seniority will be the determining criteria for recall when all <br />job -relevant qualification factors are equal. Recall rights under <br />this provision will coiidnue for twenty-four (24) months after <br />lay off. Recalled employees shall have ten (10) working days <br />after notification of recall by registered mail at the employee's <br />last known address to report to work or forfeit all recall rights. <br />ARTICLE XIV. PROBATIONARY PERIODS <br />14.1 All newly hired or rehired EMPLOYEES will service a six (6) <br />month probationary period. <br />6 <br />