786 F.2d 920 (9th Cir. 1986), 84-7369, Sanders v. Donovan

Docket Nº:84-7369.
Citation:786 F.2d 920
Party Name:Rama D. SANDERS, Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, Respondent.
Case Date:April 07, 1986
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 920

786 F.2d 920 (9th Cir. 1986)

Rama D. SANDERS, Petitioner,


Raymond J. DONOVAN, Secretary of Labor, Respondent.

No. 84-7369.

United States Court of Appeals, Ninth Circuit

April 7, 1986

Argued and Submitted Dec. 10, 1985.

John William Cumming, Eureka, Cal., for petitioner.

Donald D. Carter and Ramiro Salazar, U.S. Dept. of Labor, Washington, D.C., for respondent.

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

Before WALLACE, SKOPIL, and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge.

Petitioner Rama Sanders seeks review of the decision of the Secretary of Labor finding her ineligible for benefits under the Redwood Employee Protection Program ("REPP"), Title II, Redwood National Park Expansion Act of 1978 ("Redwood Act"), Pub.L. No. 95-250, Secs. 201-213, 92 Stat.

Page 921

163, 172-82. REPP provides economic assistance to offset the local adverse economic effects of expansion of the Redwood National Park. For a more thorough discussion of Redwood Act programs and benefits, see Lanning v. Marshall, 650 F.2d 1055, 1056-57 (9th Cir.1981). This court has jurisdiction to review this petition pursuant to Redwood Act Sec. 103(h), 16 U.S.C. Sec. 79l (h).

Rama Sanders was employed by Arcata Redwood Company, an employer covered by the Act as an "affected employer." Redwood Act Sec. 201(7). 1 She quit her job on September 11, 1978, after an argument with her supervisor. There is no indication in this record that her resignation had anything to do with the Redwood Park expansion or with any other circumstances that suggests unavailability of work. Her leaving appears to have been for wholly personal reasons. Sanders applied for layoff benefits pursuant to Redwood Act Sec. 205(b), which establishes eligibility requirements for "affected employee[s]." Section 201(11) defines "affected employee:"

(11) "affected employee" means a covered employee who is either totally or partially laid off by an affected employer within a time period beginning on or after May 31, 1977, and ending September 30, 1980, unless extended, as provided in section 203, or is determined by the Secretary to be adversely affected by the expansion of the Redwood National Park. ...

In addition, section 203 provides that the period from May 31, 1977 to September 30, 1980, is a "window period," during which total or partial layoffs of covered...

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