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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. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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