730 F.2d 559 (9th Cir. 1984), 82-7730, Bennett v. Donovan

Docket Nº:82-7730.
Citation:730 F.2d 559
Party Name:Ted BENNETT, Harold D. Phenix, Robert J. Aronson, James L. Dunsing, and Thomas R. Devore, Petitioners, v. Hon. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Respondent.
Case Date:April 09, 1984
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 559

730 F.2d 559 (9th Cir. 1984)

Ted BENNETT, Harold D. Phenix, Robert J. Aronson, James L.

Dunsing, and Thomas R. Devore, Petitioners,

v.

Hon. Raymond J. DONOVAN, Secretary of Labor, United States

Department of Labor, Respondent.

No. 82-7730.

United States Court of Appeals, Ninth Circuit

April 9, 1984

Argued and Submitted Sept. 16, 1983.

David S. Krueger, Stokes, Steeves, Warren & Jensen, Arcata, Cal., for petitioners.

Sally E. Mathiasen, Assoc. Sol., Dept. of Labor, Washington, D.C., for respondent.

Petition to Review a Decision of the Assistant Secretary of Labor.

Before KENNEDY, REINHARDT, Circuit Judges, and HOFFMAN [*], District Judge.

Page 560

REINHARDT, Circuit Judge:

Petitioners seek review of decisions by the Assistant Secretary of Labor denying them the weekly layoff benefits that are available to displaced lumber industry workers under Title II of the Redwood National Park Expansion Act (Redwood Act), Pub.L. No. 95-250, 92 Stat. 163 (1978). 1 We hold that the petitioners are eligible for the benefits and reverse the Assistant Secretary's decisions. In doing so, we reject his conclusion that petitioners' employer was not engaged in "wood processing operations."

Prior to the expansion of Redwood National Park, the five individual petitioners were employed by Simpson Building Supply Company, Arcata Distribution Center (hereinafter "SBS"). SBS is a division of Simpson Building Supply Company, a wholly owned subsidiary of Simpson Timber Company. In 1980, after being laid off from their jobs, petitioners applied for Redwood Act benefits. Title II of the Redwood Act authorizes benefit payments to persons who were employed by an "affected employer" and who were "adversely affected" by the Redwood National Park expansion. See Redwood Act Sec. 201(11). Concluding that SBS was not an "affected employer," the Assistant Secretary denied the petitioners' applications. We review his actions under 16 U.S.C. Sec. 79l (h) (1982).

I

An "affected employer" must be "engaged in the harvest of timber or in related sawmill, plywood, and other wood processing operations and [must also be an] affected woods employer, affected mill employer, or affected contract employer." Redwood Act Sec. 201(6). Simpson Timber Company is an "affected employer" and, pursuant to 29 C.F.R. Sec. 92.8(b) (1981), was classified by the Secretary as...

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