Ezel / Agency Decisions / kent-86-9-d-commission-2
FMSHRC Commission decision Docket KENT 86-9-D Decided November 30, 1987 Procedural

Secretary of Labor on behalf of Bryan D. Pack v. Maynard Branch Dredging Company and Roger Kirk

Secretary of Labor on behalf of Bryan D. Pack v. Maynard Branch Dredging Company and Roger Kirk (FMSHRC KENT 86-9-D): Review petition dismissed

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Currency note: this decision dates from 1987
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Bryan D. Pack and the Secretary of Labor sought discretionary Commission review in Pack's discrimination proceeding against Maynard Branch Dredging Company and Roger Kirk. Pack later asked the Commission to dismiss his petition because the Secretary was representing him on review. The Commission dismissed Pack's petition and stated that the Secretary's later petition would continue and adequately preserve Pack's position. The order did not decide the merits of the discrimination complaint.

Decision snapshot

  • Cited standard(s): No Mine Act or regulatory standard is cited in this procedural order.
  • Outcome: Pack's review petition was dismissed, while the Secretary's petition remained pending.
  • Key point: A party's separate review petition may be dismissed when a later petition by the Secretary preserves the same position.

Full text (FMSHRC public release)

CCASE:
MSHA (BRYAN PACK) V. MAYNARD BRANCH DREDGING, ROGER KIRK
DDATE:
19871130
TTEXT:

                                    FMSHRC-WDC
             November 30, 1987

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), on behalf
of BRYAN D. PACK

     v.             Docket No. KENT 86-9-D

MAYNARD BRANCH DREDGING COMPANY
and ROGER KIRK

BEFORE: Ford, Chairman; Backley, Doyle, Lastowka and Nelson,
Commissioners

           ORDER

BY THE COMMISSION:

On September 29, 1987, the Commission granted the petitions

for discretionary review filed by complainant Bryan D. Pack and the
Secretary of Labor, who has prosecuted the discrimination complaint
involved in this proceeding on Mr. Pack's behalf. On November 12,
1987, the Commission received a request from Pack that his petition
for review be dismissed because the Secretary is representing him on
review in this matter.

Pack's petition for review was received before that of the

Secretary and was filed to protect his review rights before us.
The Secretary's subsequently filed petition adequately preserves and
presents Pack's position on review. Accordingly, upon consideration
of Pack's request, his petition for review is dismissed. The
Secretary's petition remains for disposition by the Commission.

               Ford B. Ford, Chairman

               Richard V. Backley, Commissioner

Page 2

Joyce A. Doyle, Commissioner

James A. Lastowka, Commissioner

L. Clair Nelson, Commissioner

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