Oregon Bureau of Labor and Indus. v. U.S. West Communications, Inc., 288 F.3d 414 (9th Cir. 2002)

Darryl Richardson filed a discrimination complaint against his employer with the Oregon Bureau of Labor and Industries (BOLI) — a state administrative agency. In response, U.S. West removed the action to federal court, asserting the court had subject matter jurisdiction under Section 301 of the Labor Management Relations Act. The district court denied BOLI’s motion to remand. The Ninth Circuit reversed the district court and ordered that the case be remanded to BOLI on the ground that the statute only permits removal to federal court of an action that is pending before a state court, and BOLI is not a “court.”