NLRB Stats Archive › Annual Reports › FY1998 › Litigation for Enforcement and/or Review of Board Orders, Fiscal Year 1998; and Cumulative Totals, Fiscal Years 1936 through 1998
Litigation for Enforcement and/or Review of Board Orders, Fiscal Year 1998; and Cumulative Totals, Fiscal Years 1936 through 1998
| Fiscal Year 1998 | July 5, 1935–Sept. 30, 1998 | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Number of proceedings | Percentages | July 5, 1935–Sept. 30, 1998 | |||||||||
| 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 | 196 | 184 | 13 | 1 | 3 | ||||||
| On petitions for review and/or enforcement | 144 | 136 | 7 | 1 | 3 | 100.0 | 100.0 | 100.0 | 100.0 | 11,236 | 100.0 |
| Board orders affirmed in full | 94 | 89 | 4 | 1 | 2 | 65.4 | 57.1 | 100.0 | 66.7 | 7,403 | 65.9 |
| Board orders affirmed with modification | 18 | 17 | 1 | 0 | 0 | 12.5 | 14.3 | 0.0 | 0.0 | 1,506 | 13.4 |
| Remanded to Board | 8 | 8 | 0 | 0 | 0 | 5.9 | 0.0 | 0.0 | 0.0 | 559 | 5.0 |
| Board orders partially affirmed and partially remanded | 8 | 7 | 1 | 0 | 1 | 5.2 | 14.3 | 0.0 | 33.3 | 244 | 2.1 |
| Board orders set aside | 16 | 15 | 1 | 0 | 0 | 11.0 | 14.3 | 0.0 | 0.0 | 1,524 | 13.6 |
| On petitions for contempt | 17 | 15 | 2 | 0 | 0 | ||||||
| Total Court Orders | 35 | 33 | 4 | 0 | 0 | 100.0 | 100.0 | ||||
| Compliance after filing of petition, before court order | 15 | 15 | 2 | 0 | 0 | 45.4 | 50.0 | ||||
| Court orders holding respondent in contempt | 10 | 10 | 0 | 0 | 0 | 30.3 | 0.0 | ||||
| Court orders denying petition | 2 | 2 | 0 | 0 | 0 | 6.1 | 0.0 | ||||
| Court orders directing compliance without contempt adjudication | 8 | 6 | 2 | 0 | 0 | 18.2 | 50.0 | ||||
| Proceedings decided by U.S. Supreme Court | 1 | 1 | 0 | 0 | 0 | 100.0 | 257 | 100.0 | |||
| Board orders affirmed in full | 0 | 0 | 0 | 0 | 0 | 155 | 60.3 | ||||
| Board orders affirmed with modification | 0 | 0 | 0 | 0 | 0 | 18 | 7.0 | ||||
| Board orders set aside | 0 | 0 | 0 | 0 | 0 | 45 | 17.5 | ||||
| Remanded to Board | 1 | 1 | 0 | 0 | 0 | 100.0 | 20 | 7.8 | |||
| Remanded to court of appeals | 0 | 0 | 0 | 0 | 0 | 16 | 6.2 | ||||
| Board's request for remand or modification of enforcement order denied | 0 | 0 | 0 | 0 | 0 | 1 | 0.4 | ||||
| Contempt cases remanded to court of appeals | 0 | 0 | 0 | 0 | 0 | 1 | 0.4 | ||||
| Contempt cases enforced | 0 | 0 | 0 | 0 | 0 | 1 | 0.4 | ||||
- 1 "Proceedings" are comparable to "cases" reported in annual reports prior to fiscal 1964. This term more accurately describes the data inasmuch as a single "proceedings" often includes more than one "case." See Glossary of terms for definitions.
- 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 appeared as "amicus curiae" in 1 case.
39 of 62 figures sit in a row or column sum that works out.
Reader’s notes
p. 192. Twelve columns: stub, then five "Number of proceedings" columns (Total; Vs. employers only; Vs. unions only; Vs. both employers and unions; Board dismissal), four "Percentages" columns (same four breakdown categories, no Total column), and the two cumulative columns (Number, Percent). The stub has no printed heading, so cell 0 of each heading level is empty. "July 5, 1935-Sept. 30, 1998" is a tall heading spanning all three heading levels over the last two columns. Punctuation: this is a 1-bit scan and at the resolution available to me every period and digit-grouping comma is lost (the body text renders as "U S courts of appeals", the percentages as "100 0", "65 4", the cumulative counts as "11236", "7403"). I have restored the decimal points in the Percentages and Percent columns, the thousands commas in the cumulative Number column (11,236 / 7,403 / 1,506 / 1,524), and the periods in "U.S." and in the footnote sentences, since those are certainly present in the print. The same reasoning led me to write the column headings as "Vs." rather than "Vs"; that one is the least certain of the restorations and could be a bare "Vs" in the original. All cells printed as a dash rule ("----") are transcribed as empty. Arithmetic cross-checks that passed as printed: the "Proceedings decided by U.S. courts of appeals" row equals 144 + 17 + 35 across every numeric column; the five "On petitions for review and/or enforcement" detail rows sum to that row in all five count columns and to 11,236 in the cumulative Number column; the eight Supreme Court detail rows sum to 257. Two printed oddities, transcribed as they appear: - "Total Court Orders" shows Total 35 while its breakdown reads 33 vs. employers plus 4 vs. unions (= 37); likewise "Compliance after filing of petition, before court order" shows Total 15 with 15 vs. employers and 2 vs. unions. The four detail rows do sum correctly to 35 / 33 / 4 within each column, so the discrepancy is between the Total column and the breakdown columns, not within them. - "Compliance after filing of petition, before court order" is printed 45.4 under "Vs. employers only" where 15/33 rounds to 45.5; 45.4 is what makes that column sum to 100.0. In the "Contempt cases remanded to court of appeals" row there is a stray ink speck immediately left of the 0 in the "Vs. employers only" column (it renders as "· 0"); I read the cell as 0 and treat the speck as scanning dirt, not a footnote marker.
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.