The NLRB officially announced, earlier this month, that it was not going to seek Supreme Court review of two U.S. Court of Appeals’ decisions invalidating the NLRB’s Notice Posting Rule, which would require most private sector employers to post a notice of employee rights in the workplace.  The Board’s Office of Public Affairs issued a formal notice on the NLRB’s website.

Obviously this has not been a successful year for the NLRB in terms of its efforts to expand its reach into the workplace.  However, this action would appear to be similar to its previous strategy of pulling back in its efforts to implement expedited election processing rules and apparently regrouping to do battle in this area at a later point in time.  No doubt this issue of the Notice Posting Rule will raise its ugly head again.