By PETER HUSSMANN
Lawyers for the UAW and Local 997 are appealing a federal judge's ruling that orders them to represent Maytag retirees in the class action lawsuit brought by the company over changes to their health care plans.
Earlier this week, the UAW filed a petition in the Eighth Circuit Court of Appeals for permission to appeal Judge James Gritzner's order that certified the 3,000 plus defendant class as former Newton Maytag workers, designated the Union as the class representative and ordered the union attorneys to represent the defendant class in the lawsuit brought by Maytag and Whirlpool against the retirees in 2008.
In its request to appeal, the UAW is asking the Circuit Court for a "determination that the Union is not an appropriate class representative and that its attorneys are not appropriate class counsel." In addition, lawyers for the UAW are asking that the certification class order "be reversed."
In addition to the Eighth Circuit filing, the UAW filed a motion earlier this week in federal district court in Des Moines asking that Judge Gritzner stay his order to provide notice to the defendant class.
"The Union requests that issuance of the notice to the defendant class be stayed pending resolution of the Union's Petition for Permission to Appeal, and if the Petition is granted, resolution of the appeal," the filing states. "Staying issuance of the notice under these circumstances would promote efficiency and prevent confusion for the members of the class in the event that the Union's appeal is successful. Moreover, if the Union's petition or appeal is not successful, a short delay in issuing notice will not negatively impact the class members because the class is a mandatory class that requires no action on their part."
Responses to the request for the stay are due by July 26.
You can read both filings below:
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