Amber Ibarra v. United Parcel Service, Inc.
2012 U.S. App. LEXIS 19249
| 5th Cir. | 2012Background
- Ibarra, a UPS package car driver, was terminated for recklessness after a van crash and pole impact.
- She grieved under the union’s CBA, initially upheld at a local hearing and then by the SRAPGC.
- Ibarra filed a Title VII sex discrimination charge with the EEOC and then a district court suit within 90 days.
- UPS moved for summary judgment arguing this Title VII claim was barred by the CBA’s exclusive remedy and on other grounds.
- The district court granted summary judgment on the exclusive-remedy theory; it did not reach merits.
- On appeal, the court held the CBA does not clearly and unmistakably waive the right to a judicial forum for Title VII claims and vacated/remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CBA clearly and unmistakably waives Title VII claims from judicial forum | Ibarra argues no clear waiver; rights remain to sue Title VII in court | UPS contends Article 51/36 read together waive the judicial forum for statutory discrimination claims | Waiver not clear and unmistakable; district court erred; remand for proceedings consistent with the opinion |
Key Cases Cited
- Gardner-Denver Co. v. Int’l Union, 415 U.S. 36 (Sup. Ct. 1974) (statutory rights may be independent of contract rights in arbitration context)
- Penn Plaza LLC v. Pyett, 556 U.S. 249 (S. Ct. 2009) (clear and unmistakable waiver required for arbitration of statutory claims)
- Wright v. Universal Maritime Servs. Corp., 525 U.S. 70 (S. Ct. 1998) (federal judicial forum protected against vague CBA waivers of statutory rights)
- Austin v. Owens-Brockway Glass Container, Inc., 78 F.3d 875 (4th Cir. 1996) (earlier rule before clear-and-unmistakable standard; narrow authority on waivers)