NLRB Extends Time for Submitting Briefs Regarding NLRA Protection for Profane or Offensive Statements

In an order issued today, the National Labor Relations Board has extended the time for submitting briefs in response to the notice and invitation to file briefs that it issued on September 5, 2019 in General Motors LLC, 14-CA-197985 and 14-CA-208242.  In the notice and invitation to file briefs, the Board seeks public input on whether to adhere to, modify, or overrule the standard applied in previous cases in which extremely profane or racially offensive language was judged not to lose the protection of the National Labor Relations Act (NLRA). Specifically, the notice seeks comments relating to the following cases: Plaza Auto Center, 360 NLRB 972 (2014), Pier Sixty, LLC, 362 NLRB 505 (2015), and Cooper Tire, 363 NLRB No. 194 (2016). 

Amicus briefs not to exceed 25 pages in length must be filed with the Board in Washington, D.C. on or before November 12, 2019. The parties are permitted to file responsive briefs not to exceed 15 pages in length on or before November 27, 2019.

The case is General Motors LLC, 14-CA-197985 and 14-CA-208242. Click here to read the notice and invitation to file briefs.