In Ibarra v. United Parcel Service, 695 F.3d 354 (5th Cir. 2012) (No. 11-50714), the plaintiff brought a Title VII sex discrimination claim in federal court against her former employer (“UPS”). The district court granted summary judgment in favor of UPS, finding that the grievance procedures established in a collective bargaining agreement (“CBA”) provided the exclusive remedy for plaintiff’s Title VII claim. The CBA provided that UPS would not discriminate against its employees “in violation of any federal or state law,” and that “any grievance, complaint, or dispute” shall be handled according to the procedures set forth in the CBA, which included a hearing before a local grievance committee and, if necessary, submission to an arbitrator. The Fifth Circuit reversed, ruling that the CBA did not “clearly and unmistakably” waive plaintiff’s right to pursue her Title VII claim in a judicial forum. The court held that in order to be “clear and unmistakable, the CBA must, at the very least, identify the specific statutes the agreement purports to incorporate or include an arbitration clause that explicitly refers to statutory claims.” Finding that the CBA there did neither, and contained no express waiver of a judicial forum for Title VII claims, the court held that the CBA did not preclude union members from bringing Title VII claims in federal court.