By PETER HUSSMANN
Lawyers for Whirlpool are resisting the UAW and Local 997's petition to appeal a federal district courts recent class certification ruling to the Eighth Circuit Court of Appeals.
Last Friday, lawyers for Whirlpool filed notice of its opposition to the UAW's request that the federal appeals court overturn federal district court Judge James Gritzner's ruling that certified the more than 3,300 retired Newton Maytag workers as the defendant class in the lawsuit over changes to their health care benefits and required lawyers for the UAW to act as class counsel.
The UAW is asking that the appeals court overturn only one aspect of the federal district court judge's order, namely that the UAW be required to act as class counsel.
In its opposition brief, lawyers for Whirlpool note that the likelihood of the lawsuit being dismissed is minimal. They note that a Dec. 6 trial date is set and should the Eighth Circuit agree to hear the appeal, a possibility exists that the appeal and the trial would be going on at the same time.
Whirlpool also argues that the UAW's contractual obligation to represent retirees is common, no conflicts of interest as alleged by the UAW exists, there is no requirement for retirees' to consent to representation and that the retirees have already granted that consent.
In addition to petitioning for an appeal to the Eighth Circuit, the UAW filed a motion in federal district court in Des Moines asking that Judge Gritzner stay his order that members of the defendant class (Maytag retirees) be notified of their involvement in the lawsuit. The Union is asking for the stay until the appeals court makes a decision in order to avoid potential confusion.
Whirlpool has also filed a resistance to that request.
Both parties have been given until Friday to state why Judge Gritzner should not now move forward with Whirlpool's motion for summary judgment.
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