NLRB Stats Archive › Annual Reports › FY1970 › Litigation for Enforcement and/or Review of Board Orders, Fiscal Year 1970; and Cumulative Totals, Fiscal Years 1936-70
Litigation for Enforcement and/or Review of Board Orders, Fiscal Year 1970; and Cumulative Totals, Fiscal Years 1936-70
| Fiscal year 1970 | July 5, 1935–June 30, 1970 | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Number of proceedings | Percentages | July 5, 1935–June 30, 1970 | |||||||||
| Total | Vs employers only | Vs unions only | Vs. both employers and unions | Board dismissal | Vs. employers only | Vs unions only | Vs. both employers and unions | Board dismissal | Number | Percent | |
| Proceedings decided by U.S. courts of appeal | 338 | 297 | 35 | 2 | 6 | ||||||
| On petitions for review and/or enforcement | 322 | 283 | 31 | 2 | 6 | 100.0 | 100.0 | 100.0 | 100.0 | 4,337 | 100.0 |
| Board orders affirmed in full | 219 | 188 | 24 | 2 | 5 | 66.4 | 77.4 | 100.0 | 83.3 | 2,548 | 58.8 |
| Board orders affirmed with modification | 32 | 29 | 3 | 0 | 10.2 | 9.7 | 835 | 19.2 | |||
| Remanded to Board | 20 | 19 | 1 | 0 | 6.7 | 3.2 | 185 | 4.3 | |||
| Board orders partially affirmed and partially remanded | 19 | 16 | 2 | 1 | 5.7 | 6.5 | 16.7 | 69 | 1.6 | ||
| Board orders set aside | 32 | 31 | 1 | 11.0 | 3.2 | 700 | 16.1 | ||||
| On petitions for contempt | 16 | 14 | 2 | 0 | 0 | 100.0 | 100.0 | ||||
| Compliance after filing of petition before court order | 6 | 6 | 0 | 0 | 0 | 42.9 | |||||
| Court orders holding respondent in contempt | 7 | 5 | 2 | 0 | 0 | 35.7 | 100.0 | ||||
| Court orders denying petition | 3 | 3 | 0 | 0 | 0 | 21.4 | |||||
| Proceeding decided by U.S. Supreme Court | 5 | 5 | 0 | 0 | 0 | 100.0 | 185 | 100.0 | |||
| Board orders affirmed in full | 2 | 2 | 0 | 0 | 0 | 50.0 | 113 | 61.1 | |||
| Board orders affirmed with modification | 0 | 0 | 0 | 0 | 0 | 14 | 7.6 | ||||
| Board orders set aside | 1 | 1 | 0 | 0 | 0 | 16.7 | 29 | 15.7 | |||
| Remanded to Board | 0 | 0 | 0 | 0 | 0 | 12 | 6.5 | ||||
| Remanded to court of appeals | 2 | 2 | 0 | 0 | 0 | 33.3 | 14 | 7.6 | |||
| Board's request for remand or modification of enforcement order denied | 0 | 0 | 0 | 0 | 0 | 1 | 0.5 | ||||
| Contempt cases remanded to court of appeals | 0 | 0 | 0 | 0 | 0 | 1 | 0.5 | ||||
| Contempt cases enforced | 0 | 0 | 0 | 0 | 0 | 1 | 0.5 | ||||
- 1 "Proceedings" are comparable to "cases" reported in annual reports prior to fiscal year 1964. This term more accurately describes the data inasmuch as a single "proceeding" often includes more than one "case." See "Glossary" for definitions of terms.
- 2 A proceeding in which the Board had entered an order dismissing the complaint and the charging party appealed such dismissal in the court of appeals.
- 3 Board appeared as amicus curiae in two cases. Intl. Longshoremen's Assn., Loc. 1416 v Ariadne Shipping Co., 397 U.S. 195—Board's position sustained, and Taggert v. Weinackers', 397 U.S. 223—court dismissed without ruling on merits. Also, the board appeared as respondent in a case involving an appeal by the charging party from the district courts' refusal to issue a 10(l) injunction. Sears, Roebuck & Co. v Carpet Layers, Loc. 419, AFL-CIO, 397 U.S. 901—Board's position sustained
47 of 61 figures sit in a row or column sum that works out. 1 cell breaks a sum: 'Proceedings decided by U.S. co', column 2: prints 338, columns 3 to 6 add to 340.
Reader’s notes
p. 205. Twelve columns: stub, five "Number of proceedings" columns and four "Percentages" columns under "Fiscal year 1970", then "Number" and "Percent" under "July 5, 1935–June 30, 1970". The stub column carries no printed heading; "July 5, 1935–June 30, 1970" spans the top two heading levels and is repeated there. Faded decimal points: in this scan the decimal point is missing/invisible in a number of percentage cells, which print as e.g. "77 4", "100 0", "58 8", "5 7", "6 5", "1 6", "3 2", "42 9", "50 0", "33 3", "15 7", "0 5". I have transcribed these with the decimal point (77.4, 100.0, 58.8, 5.7, 6.5, 1.6, 3.2, 42.9, 50.0, 33.3, 15.7, 0.5) because every affected column then sums to exactly 100.0 (court-of-appeals "Vs. employers only": 66.4+10.2+6.7+5.7+11.0; "Vs unions only": 77.4+9.7+3.2+6.5+3.2; cumulative Percent: 58.8+19.2+4.3+1.6+16.1; Supreme Court Percent: 61.1+7.6+15.7+6.5+7.6+0.5+0.5+0.5), so the point is certainly printed but did not survive the scan. Affected cells are flagged here rather than altered in substance. "Board orders set aside" (court-of-appeals section), "Board dismissal" number column: the cell reads as blank in the scan while the three rows above it print an explicit 0 or 1; I transcribed it as empty. Column arithmetic is consistent either way (5+0+0+1 = 6, the printed total), so a faint printed 0 cannot be ruled out. Possible misprint in the source: in the Supreme Court section the "Vs. employers only" percentages (50.0, 16.7, 33.3) do not match the counts printed beside them (2, 1, 2 out of a total of 5, i.e. 40.0, 20.0, 40.0); they look computed on a base of 6. Transcribed exactly as printed. Footnote 3 runs to the bottom edge of the crop and may be cut off: the last visible words are "397 U.S. 901—Board's position sustained", with no terminal period visible. In footnote 3 the italicised case names and the raised markers are rendered as plain text. The "10(l)" in footnote 3 is a lowercase letter l as printed.
Source image
Source data: U.S. NLRB Annual Reports (public domain). Reconstruction by NLRB Stats Archive. Read by claude-opus-5 (effort max, prompt extract_v1) from the 300-dpi scan; stitched by page. Updated October 2026.