International Woodworkers of America, Afl-Cio, Local 3-98 v. Raymond J. Donovan, Secretary of Labor, and California Employment Development Department

The Secretary of Labor appeals from the district court’s award to International Woodworkers of America (“Local 3-98”) of $44,375.32 in attorneys’ fees, $1,825.60 in costs and postjudgment interest pursuant to Section 2412(d) of the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d)(1)(A). 580 F.Supp. 714 . The court made the award after it found that the Secretary’s interpretation of Title II of the Redwood National Park Expansion Act of 1978, Pub.L. No. 95-250, §§ 201-13, 92 Stat. 163 , 172-82, was not substantially justified. We affirm in part and reverse in part.

I. BACKGROUND

The underlying action for which attorneys’ fees and costs were awarded, involved a suit by Local 3-98 against the Secretary of Labor and the California Employment Development Department challenging regulations issued by the Secretary in furtherance of Title II of the Redwood National Park Expansion Act of 1978. The regulations at issue, 29 C.F.R. § 92.12-92 .-15 (1981), were promulgated in June 1981 and significantly changed the eligibility rights of persons receiving benefits under the Redwood Employee Protection Program (“REPP”). Act Mar. 27, 1978, § 201(11), 92 Stat. 163 ; 28 U.S.C.A. § 1291…