NLRB Stats Archive › Annual Reports › FY1978 › Litigation for Enforcement and/or Review of Board Orders, Fiscal Year 1978; and Cumulative Totals, Fiscal Years 1936-1978
Litigation for Enforcement and/or Review of Board Orders, Fiscal Year 1978; and Cumulative Totals, Fiscal Years 1936-1978
| Fiscal year 1978 | July 5, 1935-June 30, 1978 | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Number of proceedings | Percentages | July 5, 1935-June 30, 1978 | |||||||||
| 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 appeals | 360 | 303 | 48 | 2 | 7 | ||||||
| On petitions for review and/or enforcement | 333 | 284 | 41 | 2 | 6 | 100.0 | 100.0 | 100.0 | 100.0 | 6,856 | 100.0 |
| Board orders affirmed in full | 218 | 176 | 36 | 1 | 5 | 62.0 | 87.8 | 50.0 | 83.0 | 4,346 | 63.4 |
| Board orders affirmed with modification | 53 | 51 | 1 | 1 | 0 | 18.0 | 2.4 | 50.0 | 1,112 | 16.3 | |
| Remanded to Board | 8 | 6 | 2 | 0 | 0 | 2.1 | 4.9 | 296 | 4.3 | ||
| Board orders partially affirmed and partially remanded | 7 | 7 | 0 | 0 | 0 | 2.5 | 106 | 1.5 | |||
| Board orders set aside | 47 | 44 | 2 | 0 | 1 | 15.4 | 4.9 | 17.0 | 996 | 14.5 | |
| On petitions for contempt | 27 | 19 | 7 | 0 | 1 | 100.0 | 100.0 | 100.0 | |||
| Compliance after filing of petition, before court order | 9 | 9 | 0 | 0 | 0 | 47.4 | |||||
| Court orders holding respondent in contempt | 16 | 10 | 6 | 0 | 0 | 52.6 | 85.7 | ||||
| Court orders denying petition | 2 | 0 | 1 | 0 | 1 | 14.3 | 100.0 | ||||
| Proceedings decided by U.S. Supreme Court | 5 | 3 | 2 | 0 | 0 | 100.0 | 100.0 | 222 | 100.0 | ||
| Board orders affirmed in full | 5 | 3 | 2 | 0 | 0 | 100.0 | 100.0 | 135 | 60.7 | ||
| Board orders affirmed with modification | 0 | 0 | 0 | 0 | 0 | 16 | 7.2 | ||||
| Board orders set aside | 0 | 0 | 0 | 0 | 0 | 34 | 15.3 | ||||
| Remanded to Board | 0 | 0 | 0 | 0 | 0 | 18 | 8.1 | ||||
| Remanded to court of appeals | 0 | 0 | 0 | 0 | 0 | 16 | 7.2 | ||||
| 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 courts of appeals.
- 3 The Board filed amicus briefs in two cases involving preemption questions. Sears, Roebuck & Co. v. San Diego Council of Carpenters, 436 U.S. 180; and Malone v. White Motor Corp., 435 U.S. 497. The Board's position was sustained in the latter, but not in the former.
52 of 61 figures sit in a row or column sum that works out.
Reader’s notes
p. 294. 12 columns: stub plus 5 "Number of proceedings" columns, 4 "Percentages" columns, and 2 cumulative columns. The stub has no printed heading, so cell 0 of every header level is empty. "July 5, 1935-June 30, 1978" spans header levels 1-2 and is repeated in both of its columns; the en dash in that heading is written as a hyphen. Decimal points: this 1-bit scan drops many decimal points, so a number printed as "100 0", "87 8", "15 4", "4 9", "14 5", "47 4", "52 6", "83 0", "15 3", "7 2", "0 5" appears with a gap instead of a visible point. I transcribed these with the decimal point (100.0, 87.8, 15.4, 4.9, 14.5, 47.4, 52.6, 83.0, 15.3, 7.2, 0.5) because the same values appear elsewhere in the table with the point clearly printed and because every column's percentages then sum to 100.0 and match the underlying counts. The same dropout affects "U.S." in the stub label "Proceedings decided by U.S. Supreme Court" (printed as "U S") and the end of footnote 1 ("terms"), both of which I restored. Inconsistencies as printed, not corrected: in the "Board dismissal" percentage column of the "On petitions for review and/or enforcement" block, 5 of 6 is given as 83.0 and 1 of 6 as 17.0 (arithmetically 83.3 and 16.7); in the "Vs employers only" percentage column, 44 of 284 is given as 15.4 (arithmetically 15.5), which is what makes that column sum to 100.0. Heading wording differs between the two blocks: the Number block prints "Vs unions only" and the Percentages block prints "Vs. unions only"; both are transcribed as printed. Footnote marker 2 on "Board dismissal" appears only in the Number block heading. A small stray ink mark sits in the left margin just before the stub label "Remanded to Board" in the Supreme Court section; I read it as a speck, not a footnote marker. All blank cells in the body are printed as dash rules (leader dashes) and are transcribed as empty strings.
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.