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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. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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