Local 3-98, International Woodworkers of America, Afl-Cio v. Raymond J. Donovan, Secretary of Labor

The Secretary of Labor appeals from the district court’s judgment invalidating 29 C.F.R. § 92.15 (c) (1981). This regulation was promulgated under Title II of the Redwood Park Expansion Act of 1978, Pub.L. No. 95-250, §§ 201-213, 92 Stat. 163 , 172-82 (1978). The district court ruled that the regulation was inconsistent with the Act and hence exceeded the Secretary’s authority. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I

Facts

In 1978 Congress voted to expand the Redwood National Park by approximately 50,000 acres. Congress enacted Title II of the Park Expansion Act, the Redwood Employee Protection Programs (REPP), to protect forest industry workers displaced by expansion of the Park. It provides income and benefits for six years and retraining and job relocation expenses for employees who lose their jobs as a result of the expansion of the Park.

Title II states that any layoff of an affected employee between May 31, 1977 and September 31, 1980 (the “window period”), is conclusively presumed to be attributable to Park expansion. Section 207 of Title II further provides that affected employees are entitled to REPP benefits until September 30, 1984, subject to…