Oregon Bureau of Labor and Industries, Ex Rel. Darryl Richardson v. U.S. West Communications, Inc., a Colorado Corporation

The Oregon Bureau of Labor and Industries (BOLI) appeals the district court’s denial of BOLI’s motion to remand to BOLI an employment discrimination case that U.S. West Communications, Inc. (U.S.West), removed to the district court from proceedings at BOLI. We reverse and remand because 28 U.S.C. § 1441 (a) authorizes removal only from a “state court,” and BOLI is not a “court.”

1. BACKGROUND

Darryl Richardson (Richardson) filed a complaint with BOLI alleging that U.S. West discriminated against him because he accompanied an Oregon state safety compliance officer on an inspection of a U.S. West facility. After investigating Richardson’s complaint, BOLI served U.S. West with administrative charges alleging unlawful employment discrimination and scheduled a hearing on the matter before a BOLI administrative law judge. U.S. West removed the proceedings to the district court for the District of Oregon, pursuant to 28 U.S.C. § 1441 (a), asserting that the court had subject matter jurisdiction under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (a).

BOLI moved the district court to remand the proceedings, arguing, among other things, that BOLI was not a…