cases are awaiting Board decision and in others it has not yet become clear as to whether there will be a contest. The remaining 303 Trial Examiner decisions are contested cases in which Board decisions were issued. The result of the Board's determinations in these 303 cases is found in the last 3 columns in the upper section of the flow chart. The same data may also be found in chart 4 which is enclosed herewith. This data reveals that Trial Examiners were upheld in full in 266, or 87.8 percent of the 303 contested decisions; upheld in part in 3.6 percent; and reversed in full in the other 8.6 percent of their decisions. To summarize, Trial Examiner decisions with regard to complaints containing Section 8(a)(3) allegations were upheld in whole or in part in 91.4 percent of the 303 contested cases.

With regard to the consolidated complaints involving allegations of both Section 8(a) (3) and Section 8(b) (2), the flow chart would seem self-explanatory in the light of the above description of the cases involving Section 8(a)(3) allegations.

Similarly, the lower portion of the enclosed flow chart involving charges against unions containing Section 8(b)(2) allegations would appear self-explanatory. To summarize, however, a total of 4,941 CB charges were filed against unions. Of such cases, 1,525 or 30.9 percent involved Section 8(b) (2) allegations. Of the 1,497 cases which were processed as of June 30, 1967, 1,134 or 75.7 percent were found to be lacking in merit and were either withdrawn by charging parties or dismissed by Regional Offices. The remaining 363 cases, or 24.3 percent were found to have merit. Of the 363 merit cases, 205 were settled prior to the issuance of complaint. There were 158 cases in which complaints were authorized, or 10.6 percent of the 1,497 cases which were processed containing Section 8(b)(2) violations. Of the 158 cases, 91 were consolidated with 8(a) (3) cases and their disposition may be be discerned from line 2 of the flow chart. The remaining 67 cases, because of consolidations, culminated in the issuance of 52 actual complaints. Settlements or other disposition took place in 23, or 44.2 percent of these 52 proceedings. One was pending as of June 30, 1967. A total of 28 Trial Examiner decisions issued. In 7 of the 28 cases either compliance with the Trial Examiner decision or other appropri ate disposition took place. With regard to 8 Trial Examiner decisions, some were pending before the Board and in others it was not clear as of June 30, whether they will be classified as contested. In the remaining 13 cases the Board upheld the Trial Examiner in full in 11 cases, in part in 1 case, and reversed in 1 case.

You have also inquired about statistical data concerning litigation in the circuit courts of appeals. We have no statistical breakdown available concerning specific issues litigated in cases before the courts of appeals. It may fairly be assumed, however, that the results as to cases involving Section S(a) (3) under/or Section 8(b) (2) allegations are at least as favorable as the overall results achieved by the Board. Thus, the information set forth in the Summary of Operations published by the Office of the General Counsel for Fiscal Year 1966 and the first 6 months of 1967 should be helpful. There are enclosed pages 35-39 which bear on this subject. In Fiscal Year 1966 the Board's position was sustained in whole or in part in 78.8 percent of the cases litigated, and in the first half of Fiscal Year 1967 in 83.4 percent of the cases. The Board has enjoyed an increasing degree of success in litigation both in the percentage of cases in which its position was sustained and in the number of cases in which its position was sustained. Nevertheless, the continuing increase in the success of the Board in litigation has not operated as a deterrent to the contesting of Board orders by respondents in the courts of appeals. Thus, in Fiscal Year 1963, 54.3 percent of the Board's decisions were litigated before the courts of appeals as contrasted with an increase in Fiscal Year 1966 to 63.6 percent. Since the total number of Board decisions has increased there is a continuing and significant increase in the total number of cases litigated before the courts of appeals. Thus, in Fiscal Year 1966 there was a total of 349 enforcement and review petitions filed in the courts as compared with 284 in Fiscal Year 1965.

We have enclosed the supporting data for the flow chart in Tables 1, 2, and 3. We have also enclosed Charts 1 through 4 which graphically illustrate statistical material set forth in the flow chart. We hope this information will be helpful.

With kindest regards.
Sincerely yours,

CLARENCE S. WRIGHT, Director, Division of Administration.

SUPPORTING Data

In FY 1966, there were 173 Section 10(1) petitions for injunctive relief filed and of the 78 litigated to final order, injunctive relief was granted in 74, or 94.9 percent of the proceedings. In the first half of FY 1967, S7 Section 10 (1) petitions were filed and, of the 40 litigated to final order, 37 or 92.5 percent were granted and 3 were denied.

18. APPELLATE COURT BRANCH ACTIVITIES (SEE CHART 12, PAGE 55)

The Appellate Court Branch is primarily concerned with the enforcement and review of Board Orders before the U.S. Courts of Appeals.

During FY 1966, the Circuit Courts of Appeals handed down 231 decisions involving Board cases. The Board's position was sustained, in whole or in part, in 78.8 percent of the cases, compared to 79.7 percent in FY 1965. However, during the first half of FY 1967, the Board was eminently successful in the 60 decisions handed down by the courts in Board cases. In 83.4 percent of the cases, the Board's position was sustained in whole or in part. Significantly in FY 1967, 66.7 percent of the Board's orders were enforced in full, compared to 58 percent in FY 1966 and only 8.9 percent set aside, compared to 16 percent in FY 1966. In terms of the FY 1959-1962 period, when from between 72 and 75 percent of the cases were successfully litigated, the results during the FY 1963-1967 period showed considerable improvement in the percentage of cases in which the Board's position has been sustained by the courts.

The substantial increase in Agency workload before the courts is reflected in the following statistics for FY 1966:

(a) 254 oral arguments before the courts compared to 226 in FY 1965 and 212 in FY 1964;

(b) 290 briefs filed with the courts compared to 298 in FY 1965 and 272 in FY 1964; and

(c) A total of 349 enforcement and review petitions field in the courts compared to 284 in FY 1965 and 255 in FY 1964.

Several important developments should be noted with respect to appellate court litigation. The heavy tide of cases filed with the Agency in recent years has resulted in a substantial increase in the Board's decisional output which is now being felt in the Appellate Court Branch. Respondents subject to Board orders are having increasing resort to the courts. Whereas, in years past only about 10 percent of the respondents in Board decisions took the initiative and filed petitions for review, in FY 1966 approximately 45 percent of the court proceedings were initiated by petitions for review. This, of course, has had an effect on the time scheduled of the Board's enforcement attorneys because the filing of a petition for review establishes a due date for them in the courts which may have to be met at the expense of discontinuing work on cases in which they are petitioning for enforcement of the Board's order. In addition to this, the overall

eaf Band decisions proceeding to the courts of appeals for revie excused, las neceased. Whereas in FY 1963, 54.3 percent of the Boar

he courts of appeals, in FY 1966 the rate increased to NAAN MƯNỢ Dail of these factors has produced a backlog of ce PART 260 TELAH Wings. Every effort is being made, including exper art Branch staff, to expedite the processing of the Can this respect the Board must be governed by the ats and their scheduling of cases to be heard and

j

to litigation initiated in the courts of appeals sit Stous in FY 1965, the Board's workload far ANY or commission. In that year, a total of 11! urts of appeals by boards and commissions ar es The Tax Court of the United States followe Acts It de courts of appeals.

novering enforcement and review of Board de arg. Counsel was actively involved in contempt g So the problem of repeated violations by responders Instituting contempt actions where there is c wing an earlier Board Order. During FY's 1963-15 * to Washington for consideration of possible mtContempt proceedings were instituted in 36 of thes 24 percent of the cases referred to Washington f? 18 petitions for adjudication in contempt were £in.

In FY 1966, the Supreme Court remanded one case to the Board for further consideration in the light of supervening decisions of the court. The court also remanded three additional cases to circuit courts of appeals which did not involve enforcement or review of Board Orders, but the rights of parties to intervene in proceedings involving Board cases in the circuit courts of appeals. In addition, the court handed down favorable decisions in two cases in which the Board appeared as amicus curiae in support of the prevailing party. In FY 1967 (October Term, 1966), the Supreme Court handed down two decisions involving Board cases and in each upheld the Board's Order.

During FY 1966, the Board filed 4 petitions for certiorari-three were granted and one was denied. Of the 38 petitions for certiorari filed by companies or unions involving Board cases, 3 were granted by the court and 35 denied.

Board petitions for certiorari granted___

Board petitions for certiorari denied_

Company or union petitions for certiorari granted_.

Respondents' petitions for certiorari denied__

Board upheld on merits___.

31330

35

DISPOSITION OF CASES FILED FISCAL YEAR 1966 INVOLVING ALLEGATIONS OF 8(a)(3) and 8(b) (2) VIOLATIONS (as of 6/30/67)