| Appendix
C
U.S. Federal Court Decision Data
(319 Cases Decided by the NLRB on
plant closings and threats of plant
closings)
Time period: 1990–1995
Table C.1. By Type of Complaint
| Type
of Conduct Complained ofa |
Sub-categories
of Conduct |
Number
of Charges |
| Closures |
Straightforward
closures |
15
(50%)b |
|
Closures
with later re-openings (non-union) |
15
(50%) |
|
SUBTOTAL |
30
(9%) |
| Partial
Closures |
Refusal
to hire/rehire union employees |
7 (9%) |
|
Subcontracting
out of union work |
23
(29%) |
|
Closure
of unit or department, or substantial
reduction in work |
49
(62%) |
|
SUBTOTAL |
79
(25%) |
| Total
and Partial Closures Combined |
|
109
(34%) |
| Threats |
|
210
(66%) |
| TOTAL |
|
319 |
a Only cases in which both a threat
and an actual closure (either partial
or total) occurred have been included
in the "closure" category.
Thus, the category "threats"
includes only cases where no closure
actually occurred.
b Percentage of
total number of cases; percentages
may not add up to 100 percent because
of rounding.
Table C.2. By Disposition of Complaint
| Complaint |
1990
(23)a |
1991
(71) |
1992
(77) |
1993
(53) |
1994
(38) |
1995
(57) |
Total
(319) |
| ULP |
Upheld |
14
(70%)b |
45
(90%) |
52
(95%) |
31
(89%) |
24
(96%) |
46
(82%) |
212
(88%) |
| |
Rejected |
5
(25%) |
3
(6%) |
2
(4%) |
4
(11%) |
0
(0%) |
9
(16%) |
23
(10%) |
| |
Remanded |
1
(5%) |
2
(4%) |
1
(2%) |
0
(3%) |
1
(4%) |
1
(2%) |
6
(2%) |
| |
SUB-TOTAL |
20 |
50 |
55 |
35 |
25 |
56 |
241
(76%) |
| Objections |
Upheld |
3
(75%) |
20
(95%) |
20
(91%) |
17
(94%) |
12
(92%) |
0
(0%) |
72
(91%) |
| |
Rejected |
1
(25%) |
1
(5%) |
1
(5%) |
1
(6%) |
1
(8%) |
1
(100%) |
6
(7%) |
| |
Remanded |
0
(0%) |
0
(0%) |
1
(5%) |
0
(0%) |
0
(0%) |
0
(0%) |
1
(1%) |
| |
SUB-TOTAL |
4 |
21 |
22 |
18 |
13 |
1 |
79
(25%) |
| Total
Cases |
Upheld |
16
(70%) |
65
(92%) |
72
(94%) |
48
(91%) |
36
(95%) |
46
(81%) |
283
(89%) |
| |
Rejected
|
6
(26%) |
4
(6%) |
3
(4%) |
5
(9%) |
1
(3%) |
10
(18%) |
29
(9%) |
| |
Remanded |
1
(4%) |
2
(3%) |
2
(3%) |
0
(0%) |
1
(3%) |
1
(2%) |
7
(2%) |
| |
TOTAL |
23c |
71 |
77 |
53 |
38 |
57 |
319d |
a The total number of cases from each
year is provided in parentheses.
b Percentages
are of each particular type of complaint
(e.g., 70 percent of ULP complaints
in 1990 were upheld); percentages
may not add up to 100 percent because
of rounding.
c The total of 23 cases
is less than the sum of ULP (20) and
Objections (4) cases, as one case
was included under both categories.
d The total of 319 is
1 less than the sum of the subtotals
(241 + 79 = 320) because of the dual
categorization mentioned in the preceding
footnote.
Table C.3. By Remedy Awardeda
| Remedy |
1990
(23) |
1991
(71) |
1992
(77) |
1993
(53) |
1994
(38) |
1995
(57) |
Total
(319) |
| Make
whole |
4
(17%) |
8
(11%) |
10
(13%) |
7
(13%) |
6
(16%) |
7
(12%) |
42
(13%) |
| Reinstate
employeesb |
3
(13%) |
7
(10%) |
10
(13%) |
10
(19%) |
5
(13%) |
5
(9%) |
40
(13%) |
| Reinstate
department and/or subcontracted
work |
0
(0%) |
5
(7%) |
1
(1%) |
3
(6%) |
0
(0%) |
5
(9%) |
14
(4%) |
| Reopen |
1
(4%) |
0
(0%) |
2
(3%) |
2
(4%) |
0
(0%) |
1
(2%) |
6
(2%) |
| Relocate |
0
(0%) |
0
(0%) |
1
(1%) |
0
(0%) |
0
(0%) |
0
(0%) |
1
(0%) |
| Restore
status quoc |
1
(4%) |
0
(0%) |
3
(4%) |
1
(2%) |
2
(5%) |
1
(2%) |
8
(3%) |
| Bargaining
order |
5
(22%) |
14
(20%) |
25
(32%) |
18
(34%) |
9
(24%) |
12
(21%) |
83
(26%) |
| New
election/set aside election |
0
(0%) |
16
(23%) |
10
(13%) |
8
(15%) |
6
(16%) |
2
(4%) |
42
(13%) |
| Open
and count ballots |
0
(0%) |
1
(1%) |
1
(1%) |
0
(0%) |
1
(3%) |
1
(2%) |
4
(1%) |
| Certification |
0
(0%) |
0
(0%) |
1
(1%) |
1
(2%) |
0
(0%) |
0
(0%) |
2
(0%) |
| Pay
union costs of case |
0
(0%) |
0
(0%) |
0
(0%) |
0
(0%) |
0
(0%) |
1
(2%) |
1
(0%) |
a Almost every case contained a standard
cease-and-desist and posting remedy.
b This includes only reinstatements
where at least 10 percent of the bargaining
unit had been laid off or discharged.
This does not include reinstatements
for individuals (or small groups)
such as union organizers who had been
laid off.
c In addition to express
orders of status quo ante, this category
includes orders to restore terms of
earlier collective bargaining agreements
and orders to rescind unilateral changes.
Table C.4. New Organizing v. Existing
Unions
| Status
of Relationship |
1990
(23) |
1991
(71) |
1992
(77) |
1993
(53) |
1994
(38) |
1995
(57) |
Total
(319) |
| New
organizing |
17
(74%) |
61
(86%) |
66
(86%) |
45
(85%) |
32
(84%) |
51
(89%) |
272
(85%) |
| Existing
union |
6
(26%) |
10
(14%) |
11
(14%) |
8
(15%) |
6
(16%) |
3
(5%) |
44
(14%) |
Table C.5. Successful and Unsuccessful
Complaints, by Status of Bargaining
Relationship
| Status |
No.
Of Cases |
Successful
Complaints |
Unsuccessful
Complaintsa |
Remanded
Complaints |
| New
organizing |
272 |
245
(90%) |
21
(8%) |
6 (2%) |
| Existing
union |
44 |
37
(84%) |
7 (16%) |
0 (0%) |
| Unclear |
3 |
1 (33%) |
1 (33%) |
1 (0%) |
| Total |
319 |
283
(89%) |
29
(9%) |
7 (2%) |
a This category includes both cases
that were rejected and cases that
were remanded with respect to disposition.
Table C.6. By Chronological Progression
of Complaint
1990 |
1991 |
1992 |
1993 |
1994 |
1995 |
Total |
23 |
71 |
77 |
53 |
38 |
57 |
319 |
|
