Sandra Gilbert v. Patrick Donahoe

PRISCILLA R. OWEN, Circuit Judge:

Sandra Kay Gilbert appeals the district court’s dismissal of her complaint for lack of subject matter jurisdiction. We conclude that the collective bargaining agreement between the union of which Gilbert was a member and the United States Postal Service did not clearly and unmistakably require Gilbert to resolve claims arising under the Family and Medical Leave Act through arbitration. However, we agree with the district court that the agreement’s incorporation of the Rehabilitation Act was sufficiently clear and unmistakable to waive Gilbert’s right to bring…