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GILBERT v. DONAHOE

No. 13-40328.

751 F.3d 303 (2014)

Sandra Kay GILBERT, Plaintiff-Appellant, v. Patrick R. DONAHOE, Postmaster General, United States Postal Service, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 30, 2014.

Attorney(s) appearing for the Case

Rebecca L. Fisher , Attorney, Rebecca L. Fisher & Associates, Waco, TX, for Plaintiff-Appellant.

Robert Austin Wells, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Tyler, TX, for Defendant-Appellee.

Before REAVLEY, PRADO, and OWEN, Circuit Judges.

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...

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