NLRB Stats Archive › Annual Reports › FY1988 › Special Litigation Involving NLRB; Outcome of Proceedings in Which Court Decisions Issued in Fiscal Year 1988
| Type of litigation | Number of proceedings | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Type of litigation | Total—all courts | In courts of appeals | In district courts | In bankruptcy courts | ||||||||
| Type of litigation | Number decided | Court determination | Number decided | Court determination | Number decided | Court determination | Number decided | Court determination | ||||
| Type of litigation | Number decided | Upholding Board position | Contrary to Board position | Number decided | Upholding Board position | Contrary to Board position | Number decided | Upholding Board position | Contrary to Board position | Number decided | Upholding Board position | Contrary to Board position |
| Totals—all types | 43 | 37 | 6 | 21 | 18 | 3 | 18 | 17 | 1 | 4 | 2 | 2 |
| NLRB-initiated actions or interventions | 2 | 2 | 0 | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| To enforce subpoena | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To defend Board's jurisdiction | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To prevent conflict between NLRA and Bankruptcy Code | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Action by other parties | 41 | 35 | 6 | 20 | 17 | 3 | 17 | 16 | 1 | 4 | 2 | 2 |
| To review non-final orders | 16 | 14 | 2 | 5 | 5 | 0 | 8 | 7 | 1 | 3 | 2 | 1 |
| To restrain NLRB from | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Proceeding in R case | 8 | 8 | 0 | 5 | 5 | 0 | 3 | 3 | 0 | 0 | 0 | 0 |
| Proceeding in unfair labor practice case | 7 | 5 | 2 | 0 | 0 | 0 | 5 | 4 | 1 | 2 | 1 | 1 |
| Enforcing subpoena | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 |
| To compel NLRB to | 25 | 21 | 4 | 15 | 12 | 3 | 9 | 9 | 0 | 1 | 0 | 1 |
| Issue complaint | 13 | 13 | 0 | 7 | 7 | 0 | 6 | 6 | 0 | 0 | 0 | 0 |
| Take action in R case | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Comply with Freedom of Information Act | 4 | 3 | 1 | 2 | 1 | 1 | 2 | 2 | 0 | 0 | 0 | 0 |
| Pay fees under Equal Access to Justice Act | 5 | 3 | 2 | 5 | 3 | 2 | 0 | 0 | 0 | 0 | 0 | 0 |
| Pay Fees under FOIA | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Other | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Objection to Board's Proof of Claim | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 |
76 of 112 figures sit in a row or column sum that works out. 2 cells break a sum: 'To compel NLRB to', column 11: prints 1, rows 'Issue complaint' to 'Other' add to 0; 'To compel NLRB to', column 13: prints 1, rows 'Issue complaint' to 'Other' add to 0.
p. 259. The table is printed sideways on the page; the grid above is given in the upright reading (stub = Type of litigation, 12 data columns in four three-column court panels). Cross-checks that pass: every row satisfies "Number decided = Upholding + Contrary", and every row's Total—all courts figures equal courts of appeals + district + bankruptcy, with the single exception noted below. "Totals—all types" = "NLRB-initiated actions or interventions" + "Action by other parties" in all four panels, and the NLRB-initiated sub-items (1 + 0 + 1) add to 2. Doubtful cells / apparent misprints, all transcribed exactly as printed: 1. "To review non-final orders" / "To restrain NLRB from" — as printed the figures 16, 14, 2 | 5, 5, 0 | 8, 7, 1 | 3, 2, 1 sit on the "To review non-final orders" line and all zeros sit on the "To restrain NLRB from" line. But the three indented sub-items that follow "To restrain NLRB from" (Proceeding in R case, Proceeding in unfair labor practice case, Enforcing subpoena) sum to exactly 16, 14, 2 | 5, 5, 0 | 8, 7, 1 | 3, 2, 1 in all twelve cells, so the subtotal most likely belongs to "To restrain NLRB from" and the zeros to "To review non-final orders". Either the two lines are interchanged in the source or my row alignment for this pair is off by one line; the figures themselves are not in doubt, only which of the two labels they attach to. Treat this pair with caution. 2. "To compel NLRB to" in the Total—all courts panel reads 25 / 21 / 4, but its five sub-items sum to 24 / 21 / 3. The extra unit is the lone bankruptcy-court proceeding carried on the "To compel NLRB to" line (1 decided, 0 upholding, 1 contrary) with all five of its sub-items shown as 0. 3. "Other" in the Total—all courts panel reads 1 / 0 / 1 while the three court panels all read 0 / 0 / 0, so this row does not add across — the only row in the table that does not. Correspondingly, "Objection to Board's Proof of Claim" shows 1 / 0 / 1 in the bankruptcy panel although its parent "Other" shows 0 there. Items 2 and 3 look like one and the same bankruptcy proceeding entered on inconsistent lines in the source. 4. "Action by other parties" (41 / 35 / 6 total) is one more than the sum of its component lines as transcribed (16 + 0 + 25 + 1 = 42 decided; 2 + 0 + 4 + 1 = 7 contrary); this follows from items 2–3 above. The footnote line runs along the very bottom edge of the crop and is faint; its wording, particularly "are categorized reporting", is my best reading and may be imperfect. The caption, running head and page number are outside the crop.
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.