Ezel / Agency Decisions / KENT 86-9-D

Secretary of Labor on behalf of Bryan D. Pack v. Maynard Branch Dredging Company and Roger Kirk (Commission decision, November 30, 1987)

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

Decision type
Commission decision
Docket
KENT 86-9-D
Decided
November 30, 1987
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-08-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 1987, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

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 order dismisses Pack's separate petition while the Secretary's petition remains pending. It does not finally dispose of the review under 30 U.S.C. § 823(d)(1). 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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