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11.5. The respective Department Head or the City Administrator must give prior approval for <br />any use of compensatory time by an EMPLOYEE. If an EMPLOYEE is terminated from <br />employment they will be compensated for accumulated compensatory time earned up <br />to the above stated maximum. <br />11.6. Any accumulated compensatory time not used by the end of the last pay period in <br />November shall be cashed out. <br />ARTICLE 12. TRAVEL TIME PAY FOR WEEKENDS AND HOLIDAYS <br />12.1 Members of the bargaining unit will receive a half-hour (5) of pay for driving to work on <br />weekends and holidays when called in to perform snow and ice control operations, utility or <br />weather emergencies, or other hazards. <br />12.2 The half-hour (5) drive time wage will be paid at time and a half (1.5) for weekends and <br />double-time (2) for holidays. <br />ARTICLE 13. CALL BACK <br />Except as noted in Article 7.5 of this Agreement, an EMPLOYEE called in for work at a time <br />other than the EMPLOYEE'S normal scheduled shift will be compensated for a minimum of two <br />(2) hour's pay at one and one-half (1.5) the EMPLOYEE'S base pay rate. <br />ARTICLE 14 LEGAL DEFENSE <br />14.1 EMPLOYEES involved in litigation because of gross negligence, ignorance of the laws, <br />or non -observance of laws, may not receive legal defense by the EMPLOYER. <br />14.2 An EMPLOYEE who is charged with a traffic violation, ordinance violation or criminal <br />offense arising from acts performed within the scope of the EMPLOYEE's employment, <br />when such act is performed in good faith and under direct order of the EMPLOYER <br />shall be reimbursed for reasonable attorney fees and court costs actually incurred by <br />such EMPLOYEE in defending against such charge. <br />14.3 All EMPLOYEES will be covered by the EMPLOYERS's professional liability coverage <br />and, if necessary, named separately in the policy. <br />ARTICLE 15. RIGHT OF SUBCONTRACT <br />Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYERS from <br />subcontracting work performed by EMPLOYEES covered by this AGREEMENT. <br />ARTICLE 16. DISCIPLINE <br />The EMPLOYERS will discipline EMPLOYEES only for just cause as defined in the Personnel <br />Manual. Suspension, demotion and dismissal actions shall be in accordance with the <br />Personnel Manual. <br />ARTICLE 17. SENIORITY <br />17.1 Seniority will be the determining criterion for transfers, promotions and layoffs only when <br />all job -relevant qualification factors are equal. <br />17.2 Seniority will be the determining criteria for recall when all job -relevant qualification <br />factors are equal. Recall rights under this provision will continue for 24 months after lay <br />off. Recalled EMPLOYEES shall have 10 working days after notification of recall by <br />registered mail at the EMPLOYEE'S last known address to report to work or forfeit all <br />recall rights. <br />