NLRB Stats Archive › Annual Reports › FY2004 › Special Litigation Involving NLRB; Outcome of Proceedings in Which Court Decisions Issued in Fiscal Year 2004—Page 1 of 2
Stitched from pp. 260–261.
| Type of Litigation | Number of Proceedings | ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Type of Litigation | Total—all courts | In courts of appeals | In district courts | In bankruptcy courts | In state courts | ||||||||||
| Type of Litigation | Court Determination | Court Determination | Court Determination | Court Determination | 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 | Number decided | Upholding Board position | Contrary to Board position |
| Totals—all types | 12 | 9 | 3 | 5 | 4 | 1 | 4 | 3 | 1 | 3 | 2 | 1 | 0 | 0 | 0 |
| NLRB—initiated actions or interventions | 2 | 2 | 0 | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Motion to file Board's late proof of claim | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To stay district court § 301 action | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To lift stay in subpoena enforcement action | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To enjoin local ordinance as preempted | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Action by other parties | 10 | 7 | 3 | 4 | 3 | 1 | 3 | 2 | 1 | 3 | 2 | 1 | 0 | 0 | 0 |
| To review: | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Prosecutorial discretion | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Nonfinal/representation orders | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To restrain NLRB from: | 2 | 2 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Enforcing Board subpoenas | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Proceeding in R case | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Proceeding in unfair labor practice case | 2 | 2 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| To compel NLRB to: | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Issue complaint | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Take action in R case | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Vacate election/decertify rep. | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To issue decision or take specific action | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Other | 7 | 4 | 3 | 4 | 3 | 1 | 2 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 0 |
| Motion to classify Board's claim | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 |
| Intervention to argue collateral estoppal of prior Board decision | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Suit alleging fraudulent and corrupt conduct by Board agents | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| EAJA | 4 | 2 | 2 | 3 | 2 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 |
| Suit for violation of constitutional rights | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Federal Tort Claims Act | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| State claims preempted by §§ 8(b)(4) & 303 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
0 of 89 figures sit in a row or column sum that works out.
p. 260. Grid is 16 columns: stub plus five court groups of three columns each (Number decided; Court Determination: Upholding Board position, Contrary to Board position). Header geometry: in each group the "Number decided" heading sits in the bottom heading level, at the same top line as "Upholding Board position" and "Contrary to Board position", with the "Court Determination" spanner printed only over the latter two; the cell above "Number decided" is therefore transcribed as empty in level 3. If that cell is in fact a tall merged cell, "Number decided" would belong in level 3 as well. The stub heading "Type of Litigation" spans all four heading levels and is repeated in each. The crop is page 1 of 2 of this table (the caption reads "—Page 1 of 2"), so the breakdown under "Action by other parties" continues on the following page: the listed sub-rows on this page sum to 3 of its 10 proceedings decided. All other printed figures are internally consistent (column group totals add to the "Total—all courts" columns, and "NLRB—initiated actions or interventions" plus "Action by other parties" equal "Totals—all types"). Row labels are followed by leader dots in the original; these are dropped. "Vacate election/decertify rep." is transcribed with the period taken as part of the abbreviation rather than as the first leader dot. All dashes in "Totals—all types", "NLRB—initiated actions or interventions" and "Total—all courts" are printed as em dashes. No footnotes are printed under the table.
p. 261. 16 columns: stub plus five court groups of three ("Number decided", "Upholding Board position", "Contrary to Board position"). In each group the "Number decided" column heading occupies a tall cell spanning the "Court Determination" level and the level below it, so it is repeated in both header levels; "Type of Litigation" spans all four header levels and "Number of Proceedings" spans all 15 data columns. This crop is page 2 of 2 of Table 21, so the body begins mid-table with the "Other" category total followed by its indented component rows; no earlier rows of the table appear on this image. Row 3's label reads "estoppal" in the scan (apparently a misprint for "estoppel"); transcribed as printed, though the vowel is small and slightly broken and could conceivably be an "e". Arithmetic check (not an alteration): the "Other" row equals the sum of the seven component rows in all 15 columns.
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.