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NLRB Stats Archive › Annual Reports › FY1989 › Special Litigation Involving NLRB; Outcome of Proceedings in Which Court Decisions Issued in Fiscal Year 1989

Special Litigation Involving NLRB; Outcome of Proceedings in Which Court Decisions Issued in Fiscal Year 1989

printed as Table 21 · source pages 259–260 · nlrb1989_p0259_t0

Stitched from pp. 259–260.

Type of litigationNumber of proceedings
Type of litigationTotal—all courtsIn courts of appealsIn district courtsIn bankruptcy courts
Type of litigationNumber decidedCourt determinationNumber decidedCourt determinationNumber decidedCourt determinationNumber decidedCourt determination
Type of litigationNumber decidedUpholding Board positionContrary to Board positionNumber decidedUpholding Board positionContrary to Board positionNumber decidedUpholding Board positionContrary to Board positionNumber decidedUpholding Board positionContrary to Board position
Totals—all types464061816225214330
NLRB-initiated actions or interventions981541440000
To enforce subpoena330110220000
To defend Board's jurisdiction000000000000
To prevent conflict between NLRA and other statutes440220220000
To stay collateral action211211000000
Action by other parties373251312121174330
To review settlement agreements000000000000
To review nonfinal orders000000000000
To restrain NLRB from862330312220
Proceeding with 10(e) application000000000000
Proceeding in R case321220101000
Proceeding in unfair labor practice case000000000000
Enforcing subpoena440110110220
Other application of Rule101000101000
To compel NLRB to26233109116142000
Take action in C case000000000000
Issue complaint or prosecute complaint12120330990000
Take action in R case330110220000
Comply with Freedom of Information Act (FOIA)651330321000
Other—Pay fees under Equal Access to Justice Act321321000000
Comply with subpoena211000211000
Other330000220110
Objection to Board's proof of claim110000000110
Pay fees under FOIA110000110000
Turn over backpay to third party110000110000

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  1. 1 FOIA cases are categorized regarding court determination depending on whether NLRB substantially prevailed.

124 of 136 figures sit in a row or column sum that works out.

Reader’s notes

p. 259. The crop is a landscape table printed sideways on the page (text runs bottom-to-top); it was read in that orientation. Thirteen columns: stub plus four court groups of three ("Number decided", "Upholding Board position", "Contrary to Board position"), with "Number decided" a tall heading spanning the "Court determination" level. ADDITIVITY PROBLEM, row "Action by other parties": the printed subtotal exceeds the sum of its four printed component rows ("To review settlement agreements" + "To review nonfinal orders" + "To restrain NLRB from" + "To compel NLRB to") by 3 in Total—all courts / Number decided (37 vs 34) and Upholding (32 vs 29), by 2 in In district courts / Number decided (21 vs 19) and Upholding (17 vs 15), and by 1 in In bankruptcy courts / Number decided (3 vs 2) and Upholding (3 vs 2). The courts-of-appeals columns and all three "Contrary to Board position" columns do reconcile. Every other subtotal and every row's "decided = upholding + contrary" and "total = appeals + district + bankruptcy" identity checks exactly. The missing block (3/3/0 total, 0/0/0 appeals, 2/2/0 district, 1/1/0 bankruptcy) would most plausibly sit on one of the two "To review ..." rows, both of which I read as all zeros at this scan resolution; those twelve cells on rows "To review settlement agreements" and "To review nonfinal orders" are the least certain in the grid. Values are transcribed as read, not corrected. ROW-COUNT AMBIGUITY: two printed lines of leader dots carry no legible label text — one immediately after "Other application of Rule" and one immediately after "Other—Pay fees under Equal Access to Justice Act". I have treated both as wrapped continuations of the preceding label (one row each), which is supported by "Other application of Rule" being grammatically incomplete as printed (it likely continues with a rule number that is illegible here). If instead they are separate printed rows, then "Other application of Rule" would be 0 across and the following row would carry the 1/0/1 (total) and 1/0/1 (district) values shown here; the "Other—Pay fees" line would be unaffected numerically. Within "To restrain NLRB from", the appeals, district and bankruptcy values for "Proceeding in unfair labor practice case" vs "Enforcing subpoena" were assigned by the forcing arithmetic of the subtotals; my raw visual impression placed the courts-of-appeals "1" and the bankruptcy "2 2 0" one row higher, which the row totals rule out. "Comply with Freedom of Information Act (FOIA)" carries a raised 1 footnote marker, but no footnote text appears within this crop.

p. 260. The crop is the final (continued) page of Table 21 and carries the full four-level column headings plus only the last four body rows; the earlier body rows are on the preceding page. 13 columns: stub plus four court groups of three. Footnote 1 concerns FOIA cases, so its marker most likely belongs on the row label "Pay fees under FOIA", but at this scan resolution I cannot distinguish a raised "1" from the leader dots that immediately follow the label, so no marker is written into any cell. No footnote marker is legible on any heading or value either. "Objection to Board's proof of claim": the final word renders ambiguously in the scan and could be read as "chain"; transcribed as "claim" (the standard bankruptcy term, and this row's only decided proceeding is in bankruptcy courts). "Other" is a subtotal row, not a bare section label: its printed values equal the sum of the three rows beneath it in every column, and the three court-group columns sum to the "Total—all courts" columns in every row, so the grid is internally consistent as transcribed.

Source image

Source page 259 of NLRB FY1989 annual report
Source: NLRB Annual Report FY1989, p. 259.
Source page 260 of NLRB FY1989 annual report
Source: NLRB Annual Report FY1989, p. 260.

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.