INTERNATIONAL LADIES' GARMENT UNION v. DONOVAN

No. 82-2133.

722 F.2d 795 (1983)

INTERNATIONAL LADIES' GARMENT WORKERS' UNION, et al., Appellants, v. Raymond J. DONOVAN, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 29, 1983.


Attorney(s) appearing for the Case

Stephen J. Pollak, Washington, D.C., with whom S. Elizabeth Gibson, Andrew H. Marks, Washington, D.C., and Max Zimny, New York City, were on brief, for appellants.

Marilyn S.G. Urwitz, Atty., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Robert S. Greenspan, Atty., Dept. of Justice, and Ruth Peters, Atty., Dept. of Labor, Washington, D.C., were on brief, for appellees, Donovan, et al.

Joseph D. Alviani and Robert R. Ruddock, Boston, Mass., were on brief, for appellees, Breen, et al.

Patricia A. Embrey, Washington, D.C., was on brief, for appellee, Stowe Woolens, Ltd.

Michael E. Avakian, Center on National Labor Policy, Inc., North Springfield, Va., for amicus curiae.

Before WRIGHT and EDWARDS, Circuit Judges, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This action arises out of the decision of the Secretary of Labor (hereinafter "the Secretary") to rescind longstanding restrictions on the employment of workers in their homes (homeworkers) in the knitted outerwear industry. 46 Fed.Reg. 50,349 (1981). The knitted outerwear industry consists of those firms that knit from yarn and, in the same establishment, further manufacture...

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