NLRB Stats Archive › Annual Reports › FY1998 › Special Litigation Involving NLRB; Outcome of Proceedings in Which Court Decisions issued in Fiscal Year 1998
Stitched from pp. 195–196.
| 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 | 27 | 22 | 5 | 13 | 10 | 3 | 13 | 11 | 2 | 1 | 1 | 0 |
| NLRB-initiated actions or interventions | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To quash district court subpoena | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| To enforce subpoena or contempt of subpoena | 3 | 2 | 1 | 2 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 0 |
| To dismiss action within Board's exclusive jurisdiction | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To compel compliance with reorganization plan | 1 | 0 | 1 | 0 | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 |
| To determine Board's claim to be nondischargeable | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Action by other parties | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To review | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Prosecutorial discretion | 3 | 3 | 0 | 3 | 3 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Nonfinal/representation order | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Attorney discipline orders | 1 | 0 | 1 | 0 | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 |
| To restrain NLRB from | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Enforcing Board subpoenas | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Proceeding in R case | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Proceeding in unfair labor practice case | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| To compel NLRB to | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Issue complaint | 5 | 5 | 0 | 2 | 2 | 0 | 3 | 3 | 0 | 0 | 0 | 0 |
| Take action in R case | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Comply with freedom of Information Act | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Take action in compliance proceeding | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Objection to Board's proof of claim | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Intervention in §301 suit | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| §1113 Motion to reject expired contract | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 |
| EAJA | 2 | 0 | 2 | 2 | 0 | 2 | 0 | 0 | 0 | 0 | 0 | 0 |
| Denying stay pending appeal | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Denying stay pending interlocutory review | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Denying attorney's fees in FOIA | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Denying stay in FOIA case | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
89 of 89 figures sit in a row or column sum that works out.
p. 195. 13 columns: stub plus four court groups of three columns each. The "Number decided" column of each group is a tall single heading spanning the third and fourth heading levels, so it is repeated in both; "Court Determination" spans the two columns to its right in each group. The stub heading "Type of Litigation" spans all four heading levels. The dashes in "Number of Proceedings / Total -- all courts" and in the row label "Totals -- all types" are printed as a double hyphen; transcribed that way. Possible misprint, transcribed as printed: the detail rows do not add to the "Totals -- all types" line. Summing the detail rows gives 19 proceedings decided in the "Total -- all courts / Number decided" column against a printed total of 27; 9 vs. a printed 13 for courts of appeals; 10 vs. a printed 13 for district courts; and 0 vs. a printed 1 (and 1 upholding) for bankruptcy courts, where every detail row is 0. The totals line is internally consistent across the court groups (13+13+1=27, 10+11+1=22, 3+2+0=5), and each detail row is internally consistent across its court groups, so the shortfall appears to be in the printed detail, not in a misread digit. Row-label capitalisation kept as printed, including the lowercase "f" in "Comply with freedom of Information Act"; its superscript 1 is the footnote marker and is written as ^1. Scan artifacts: stray specks and tick marks sit in the white space of several cells (near "To dismiss action within Board's exclusive jurisdiction", "To compel NLRB to", and in the bankruptcy columns of the last few rows); none obscures a digit. "In district courts / Upholding Board position" on the totals line reads 11 (the two 1s are set close together).
p. 196. Thirteen columns: the stub plus four three-column panels (Total -- all courts, In courts of appeals, In district courts, In bankruptcy courts), each with "Number decided", "Upholding Board position", "Contrary to Board position". The four panels are stacked side by side across the page but they are four column groups of one table, not repeated panels of row labels, so no re-stacking was needed. The crop shows only the tail of the table: the body begins with the flush-left category line "Other", so the rows above it (the earlier litigation categories) are on the preceding page and are not in this image. The caption and column headings are reprinted here. Apparent misprint, transcribed as printed: the flush-left "Other" line carries 0 in all twelve value columns even though the eight indented rows under it are non-zero (their "Total -- all courts / Number decided" entries sum to 8, with 7 upholding and 2 contrary). If "Other" was meant as a category total, the printed zeros are inconsistent with the lines below it; nothing was computed or corrected. Minor scan artifacts, none affecting a value: a stray comma-like speck sits in the blank area just left of "Number of Proceedings" in the top heading band; a small speck sits immediately left of the "1" in the "Intervention in §301 suit" row, Total -- all courts / Upholding Board position column (the digit itself reads clearly as 1); the final "0" in the "§1113 Motion to reject expired contract" row, In bankruptcy courts / Contrary to Board position column touches the right column rule but reads as 0. The scan renders the section symbol lightly: the stub labels read "Intervention in §301 suit" and "§1113 Motion to reject expired contract". The heading "Total -- all courts" is printed with a double hyphen.
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.