Gilbert v. Donahoe

Plaintiff's suit against her former employer, the USPS, arose out of events that occurred during her employment. On appeal, defendant challenged the district court's dismissal of her complaint. The court concluded that the collective bargaining agreement between the union of which plaintiff was a member and the USPS did not clearly and unmistakably require her to resolve claims arising under the Family and Medical Leave Act, 29 U.S.C. 2601, through arbitration; the court agreed with the district court that the agreement’s incorporation of the Rehabilitation Act, 29 U.S.C. 701, was sufficiently clear and unmistakable to waive her right to bring claims under that statute in federal court; and plaintiff no longer had standing to seek injunctive relief because she has retired. Accordingly, the court affirmed in part, reversed in part, and remanded. View "Gilbert v. Donahoe" on Justia Law