An arbitrator has the power to decide whether a group of workers may pursue arbitration of claims of race discrimination in a class action even if the arbitration agreement is silent on the issue of class remedies, a federal judge has ruled.
U.S. District Judge Petrese B. Tucker, in her nine-page opinion in Brennan v. ACE INA Holdings Inc., rejected a defense argument that since the arbitration agreements do not provide for class arbitration, the plaintiffs had no right to insist on it.
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