693 F.2d 1296 (9th Cir. 1982), 80-7494, Drapich v. Donovan

Docket Nº:80-7494 to 80-7496, 81-7619.
Citation:693 F.2d 1296
Party Name:Melvin G. DRAPICH, Petitioner, v. Raymond J. DONOVAN, [*] Secretary of Labor, Respondent. Gilbert R. DOERSCH, Petitioner, v. Raymond J. DONOVAN, [*] Secretary of Labor, Respondent. Elmer BUTOLPH and James M. Yarbrough, Petitioners, v. Raymond J. DONOVAN, [*] Secretary of Labor, Respondent. Carl W. DETHLEFS, Wilfred W. Johnson, et al., Petitioners,
Case Date:December 07, 1982
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 1296

693 F.2d 1296 (9th Cir. 1982)

Melvin G. DRAPICH, Petitioner,

v.

Raymond J. DONOVAN, [*] Secretary of Labor, Respondent.

Gilbert R. DOERSCH, Petitioner,

v.

Raymond J. DONOVAN, [*] Secretary of Labor,

Respondent.

Elmer BUTOLPH and James M. Yarbrough, Petitioners,

v.

Raymond J. DONOVAN, [*] Secretary of Labor,

Respondent.

Carl W. DETHLEFS, Wilfred W. Johnson, et al., Petitioners,

v.

Raymond J. DONOVAN, [*] Secretary of Labor, Respondent.

Nos. 80-7494 to 80-7496, 81-7619.

United States Court of Appeals, Ninth Circuit

December 7, 1982

Argued and Submitted Sept. 13, 1982.

As Amended Feb. 2, 1983.

Page 1297

William F. Ferroggiaro, Jr., Eureka, Cal., for petitioners.

Susan M. Webman, Washington, D.C., for respondent.

Petition for Review of a Decision of the Secretary of Labor.

Before FLETCHER and BOOCHEVER, Circuit Judges, and EAST, [**] District Judge.

FLETCHER, Circuit Judge:

Petitioners sought benefits under Title II of the Redwood Park Expansion Act of 1978, Pub.L. No. 95-250, 92 Stat. 163, 1 but their application was denied because the Secretary of Labor determined that their employer, McIntosh Lumber Company, was not an affected employer within the meaning of section 201(8) of Title II. Petitioners filed a timely appeal of the Secretary's determination. This court has jurisdiction to hear the appeal pursuant to 19 U.S.C. Sec. 2395 (Supp.IV 1980). 2

Title II of the Redwood Park Expansion Act provides economic benefits to qualified forest industry workers who have been adversely affected by expansion of the Park. Generally, employees of "affected employers" are eligible for benefits under Title II. See Sections 201(10), 201(11). The Secretary of Labor has the responsibility to determine who is and who is not an "affected employer" for purposes of the Act. See Sections 202, 213.

Petitioners were all employees of McIntosh Lumber Company. Prior to its closure in October 1978, McIntosh operated a lumber manufacturing sawmill in Humboldt County, California. The Secretary determined that petitioners' employer was not an affected mill employer for purposes of Title II and, accordingly, denied petitioners' applications for Title II benefits.

Section 201(8) of Title II of the Act defines an affected mill employer as:

[A]n affected employer engaged in sawmill, plywood, and other wood processing operations in Humboldt or Del Norte Counties in the State of California who has either (A) obtained 15 per centum or more of its raw wood materials directly from affected woods employers during calendar year 1977, or (B) is a wholly owned mill of an affected woods employer: Provided, That an affected mill...

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