Federal 7th Circuit Court
Civil Court
Removal
Dist. Ct. lacked jurisdiction over plaintiff’s state-court action alleging that plaintiff was terminated in retaliation for asserting his rights under Ill. Workers’ Compensation Act, where defendant removed case to Dist. Ct. on theory that plaintiff’s lawsuit was really claim under parties’ collective bargaining agreement that was preempted by section 301 of Labor Management Relations Act. Instant retaliation claim should not have been removed since preemption under section 301 did not apply where state court was not required to interpret collective bargaining agreement in order to resolve retaliatory discharge claim. Fact that parties had entered into grievance settlement prior to plaintiff’s departure that was reached under auspices of collective bargaining agreement did not require different result since plaintiff could prevail on his claim without attacking or interpreting said settlement.