COA tosses injunction issued after alleged workplace threat

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An injunction against an employee who allegedly told a company therapist that he was going to blow his supervisor’s head off is void because it arose from a labor dispute, the Indiana Court of Appeals ruled Friday.

The ruling came in a case in which the appeals court agreed to the employee’s request to seal the filings and identify all parties, including the company, by initials. The case is A.H. v. C.E.G., on behalf of G.S., 49A05-1310-PO-525.

A.H. allegedly made the threat after suffering an unspecified workplace injury at C.E.G., and after phone calls in which the supervisor, G.S., told A.H. that he had been disrespectful. After G.S. asked A.H. to get a second opinion on his injury, A.H. called the company therapist, who alerted human resources about the alleged threat.

The employer petitioned the trial court for an injunction against A.H. under the Workforce Violence Restraining Orders Act, I.C. 34-26-6, which was granted. On appeal, A.H. argued the trial court had no jurisdiction since the petition arose from a labor dispute governed by the Anti-Injunction Act.

“We agree,” Judge Terry Crone wrote for the panel that reversed the injunction and remanded with instructions it be dismissed.

“The AIA was intended to minimize judicial control of labor-related disputes,” Crone wrote. The statute is I.C. 22-6-1.

C.E.G. argued that the statute didn’t apply to A.H. because he wasn’t a union member and his actions weren’t related to organized labor, but the court sided with A.H.’s argument that such a position conflicted with the plain language of the Anti-Injunction Act. The court also discounted C.E.G.’s contention that the dispute between A.H. and G.S. was personal rather than an employment dispute.

“To the contrary, the evidence shows that A.H.’s alleged threat was made within a few days after A.H. suffered an injury at work, told G.S. that he disagreed with his work assignment and hours, and complained about preferential treatment for one employee.  ... A.H. knew that G.S. disapproved of the way he had expressed his dissatisfaction and that G.S. was going to document his behavior," the panel found.

“Accordingly, we conclude that this case concerned a controversy over the terms and conditions of employment. In sum, we conclude that this case involves or grows out of a labor dispute and is governed by the AIA."



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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.