NLRB Stats Archive › Annual Reports › FY2005 › Special Litigation Involving NLRB; Outcome of Proceedings in Which Court Decisions Issued in Fiscal Year 2005
Special Litigation Involving NLRB; Outcome of Proceedings in Which Court Decisions Issued in Fiscal Year 2005
| 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 | Contrary to Board Position |
| Totals -- all types | 12 | 10 | 2 | 4 | 3 | 1 | 6 | 5 | 1 | 2 | 2 | 0 | 0 | 0 | 0 |
| NLRB-initiated actions or interventions | 2 | 1 | 1 | 1 | 1 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 |
| Motion to file Bd'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 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To enjoin local ordinance as preempted | 2 | 1 | 1 | 1 | 1 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 |
| Action by other parties | 10 | 9 | 1 | 3 | 2 | 1 | 5 | 5 | 0 | 2 | 2 | 0 | 0 | 0 | 0 |
| To review: | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Prosecutorial discretion | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 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: | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Enforcing Board subpoenas | 1 | 1 | 0 | 1 | 1 | 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 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To compel NLRB to: | 3 | 3 | 0 | 0 | 0 | 0 | 3 | 3 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Issue complaint | 2 | 2 | 0 | 0 | 0 | 0 | 2 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Respond to discovery | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Issue decision or take specific action | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Other | 5 | 4 | 1 | 2 | 1 | 1 | 1 | 1 | 0 | 2 | 2 | 0 | 0 | 0 | 0 |
| Motion to disallow U's claim | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Review of Bd's decision to quash 10(k) hearing | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Suit re removal of Plaintiff's name from internal U election ballot | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Intervention to argue Collateral Estoppl of Prior Bd decision | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Suit alleging fraudulent and corrupt conduct by Bd agents | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| EAJA | 2 | 1 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Suit for violation of constitutional rights | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
0 of 92 figures sit in a row or column sum that works out.
Reader’s notes
p. 169. 16 columns: stub plus five three-column panels (Total - - all courts; In courts of appeals; In district courts; In bankruptcy courts; In State Courts), each panel being Number Decided / Upholding Board Position / Contrary to Board Position. This is one panel set repeated across the page width, not side-by-side panels of different rows, so no stacking was needed. Header level 3 ("Court Determination") is printed only over the second and third column of each panel; the "Number Decided" column is blank at that level, and its heading text sits in the bottom header band only (its text baseline aligns with "Upholding"/"Contrary"), so it is not repeated upward. Capitalisation in the lowest header band is inconsistent in the original: the first panel prints "position" in lower case ("Upholding Board position", "Contrary to Board position") while the other four panels print "Position". The second panel breaks the word as "Decide d". The last panel's middle heading is printed as "Upholding Board" with no "Position" line. The second-level heading is printed with spaced hyphens, "Total - - all courts"; the first body row likewise reads "Totals -- all types". "Intervention to argue Collateral Estoppl of Prior Bd decision" is transcribed as printed; "Estoppl" appears to be a misprint for "Estoppel". Row labels "To review:", "To restrain NLRB from:" and "To compel NLRB to:" are indented sub-headings that nevertheless carry values, which are transcribed. Apostrophes in "Bd's", "U's" and "Plaintiff's" are typographic in the original and are rendered here as plain ASCII apostrophes. The crop ends immediately below the last row ("Suit for violation of constitutional rights"); no footnote block is visible, but anything printed below that rule would be cut off. Internal arithmetic checks out (2 + 10 = 12 total; Other's seven sub-rows sum to 5), which supports the column assignments.
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.