Karl E. Luedemann v. Hon. Raymond J. Donovan, Secretary of Labor United States Dept. Of Labor

Petitioner Karl E. Luedemann seeks review of a decision by the Assistant Secretary of Labor denying him weekly layoff benefits that are available to displaced “long service” lumber industry workers under Title II of the Redwood National Park Expansion Act (Redwood Act), Pub.L. No. 95-250, 92 Stat. 163 (1978). We hold that the Assistant Secretary applied incorrect standards in determining that petitioner was not eligible for the benefits and reverse his decision. In doing so, we reject his conclusions that petitioner was not an “affected employee” and not a “long service employee.”

From May 25, 1976 until his layoff on December 17,1980, petitioner was employed by Louisiana Pacific Corporation. After being laid off from his employment as a truck driver transporting redwood bark, Luedemann applied for weekly layoff benefits under Title II of the Redwood Act. Title II authorizes the payment of weekly layoff benefits to “long service employees” who worked for an “affected employer” and who are “adversely affected” by the Redwood National Park expansion. See Redwood Act §§ 201(11), 208, 209. Because Louisiana Pacific Corporation was determined by the Secretary to be an affected…