Legal Opinion

Batten v. N.C. Department of Correction

Supreme Court of North Carolina

Decided March 1, 1990No. 76PA89PublishedCited by 47 opinions

1Opinion of the Court

WHICHARD, Justice.

This case concerns the grievance of an employee of the Department of Correction (DOC) who was “reallocated” 1 pursuant to a managerial reorganization of correctional facility personnel. Grievance procedures available to the employee are set forth in the State Personnel Act, N.C.G.S. §§ 126-1 through 126-88, and in the administrative code regulations authorized thereunder. Because reallocation in this employee’s case entailed a reduction in position, the action was “disciplinary” within the meaning of the Act. Such actions entitle “permanent state employees” 2 subject to the…

2Cases cited7 opinions

  1. Teachy v. Coble Dairies, Inc.Supreme Court of North Carolina · 1982
  2. National Food Stores v. North Carolina Board of Alcoholic ControlSupreme Court of North Carolina · 1966
  3. Barnhardt v. Yellow Cab CompanySupreme Court of North Carolina · 1966
  4. Lafayette Transportation Service, Inc. v. County of RobesonSupreme Court of North Carolina · 1973
  5. Poret v. State Personnel CommissionCourt of Appeals of North Carolina · 1985

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3Cited by47 opinions

  1. Canadian Helicopters Ltd. v. WittigTexas Supreme Court · 1994
  2. North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
  3. Amanini v. N.C. Department of Human ResourcesCourt of Appeals of North Carolina · 1994
  4. Empire Power Co. v. N. C. Department of EnvironmentSupreme Court of North Carolina · 1994
  5. Sanders v. State Personnel CommissionCourt of Appeals of North Carolina · 2009

42 more not listed; retrieve them via the Exa API.

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