NLRB Stats Archive › Annual Reports › FY2009 › Special Litigation Involving NLRB; Outcome of Proceedings in Which Court Decision Issued in Fiscal Year 2009
| 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 | Court Determination | Court Determination | Court Determination | Court Determination | ||||||||
| Type of Litigation | No. Dec. | Uphold. Board Position | Contrary to Board Position | No. Dec. | Uphold. Board Position | Contrary to Board Position | No. Dec. | Uphold. Board Position | Contrary to Board Position | No. Dec. | Uphold. Board Position | Contrary to Board Position |
| TOTALS—ALL TYPES | 14 | 13 | 1 | 7 | 7 | 0 | 6 | 5 | 1 | 1 | 1 | 0 |
| NLRB-initiated actions or interventions | 2 | 1 | 1 | 1 | 1 | 0 | 1 | 0 | 1 | 0 | 0 | 0 |
| To enforce subpoenas | 1 | 0 | 1 | 0 | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 |
| Amicus brief re: Section 302 | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Action by other parties | 12 | 12 | 0 | 6 | 6 | 0 | 5 | 5 | 0 | 1 | 1 | 0 |
| To review: | 6 | 6 | 0 | 3 | 3 | 0 | 3 | 3 | 0 | 0 | 0 | 0 |
| Prosecutorial discretion | 5 | 5 | 0 | 2 | 2 | 0 | 3 | 3 | 0 | 0 | 0 | 0 |
| Nonfinal/representation case orders | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To restrain NLRB from: | 6 | 6 | 0 | 3 | 3 | 0 | 2 | 2 | 0 | 0 | 0 | 0 |
| Proceeding in representation case | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Proceeding in unfair labor practice case | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| To compel NLRB to: | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Respond to discovery | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Other | 3 | 3 | 0 | 1 | 1 | 0 | 1 | 1 | 0 | 1 | 1 | 0 |
| Reject expired agreement | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 |
| FOIA attorney's fees | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| FTCA suit alleging improper prosecution | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
0 of 91 figures sit in a row or column sum that works out.
p. 153. 13 columns: stub plus four court groups of three columns each. The four heading levels are "Number of Proceedings" (spanning all 12 data columns), the court group, "Court Determination" (repeated over each group's three columns), and the No. Dec. / Uphold. Board Position / Contrary to Board Position triplet; the stub heading "Type of Litigation" spans all four levels and is repeated in each. Row-label indentation (not preserved in the cells): "NLRB-initiated actions or interventions" and "Action by other parties" are bold and underlined section headings; "To review:", "To restrain NLRB from:" and "To compel NLRB to:" are indented sub-headings; the remaining rows are their detail lines. Every one of these section and sub-heading rows carries its own values, so none were treated as label-only rows. DOUBTFUL ROW — "To restrain NLRB from:". I read it three times as 6 / 6 / 0 (Total—All Courts), 3 / 3 / 0 (Courts of Appeals), 2 / 2 / 0 (District Courts), 0 / 0 / 0 (Bankruptcy) and transcribed it as read, but it is the only row in the table that fails every arithmetic check, so the digits in its No. Dec. and Uphold. Board Position cells may be misread at this resolution (I cannot zoom): (a) its Total—All Courts No. Dec. of 6 does not equal the sum across courts, 3 + 2 + 0 = 5; (b) its two detail rows, "Proceeding in representation case" and "Proceeding in unfair labor practice case", sum to 2 / 2 / 0 total and 2 / 2 / 0 in Courts of Appeals with nothing in District or Bankruptcy Courts, not to the printed figures; (c) the "Action by other parties" line (12 / 6 / 5 / 1 No. Dec.) equals the sum of its four sub-headings only if this row is 2 total, 2 in Courts of Appeals and 0 in District Courts. A reader should verify these cells against the source page before using the row. All other rows are internally consistent: each No. Dec. equals Uphold + Contrary and equals the sum across the three court groups, every section heading equals the sum of its detail rows, and TOTALS—ALL TYPES (14 / 13 / 1) equals "NLRB-initiated actions or interventions" plus "Action by other parties". "FOIA attorney's fees" is printed with a typographic right single quotation mark; transcribed with a plain apostrophe. No footnotes, source line or continuation line appear on the crop; the table's bottom rule sits at the lower edge of the image, so anything printed below it is outside the crop.
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.