Court of Appeals of North Carolina December 16, 1980, 8010SC452 (Luck v. Employment Security Commission)

MARTIN (Harry C.), Judge.

The only question presented by this appeal is whether Luck’s appeal was timely. It appears that this is a case of first impression in North Carolina. The pertinent provisions of N.C.G.S. 126-35 and 126-38 are:

§ 126-35.....Any employee appealing any decision or State Personnel Act shall be discharged, suspended, or reduced in pay or position, except for just cause.