On September 5, 2019, in Gen. Motors LLC & Charles Robinson, the NLRB announced that it had published a Notice and Invitation to File Briefs (368 N.L.R.B. No. 68, (Sept. 5, 2019)).

In light of criticism of its treatment of extremely profane or racially or sexually offensive language in Plaza Auto Center, Inc., Pier Sixty, LLC, and Cooper Tire & Rubber Co., the Board invites the parties and interested amici to file briefs to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the course of otherwise protected activity, lose the protection of the NLRA for the employee who utters them (360 N.L.R.B. 972, (2014); 362 N.L.R.B. 505, (2015); 363 N.L.R.B. No. 194, (2016)). The Board provides examples of specific questions the parties and amici may address as they see fit (368 N.L.R.B. No. 68, slip op. at *2). Parties and amici should file briefs not exceeding 25 pages in length on or before November 4, 2019. Briefs shall be filed electronically by going to nlrb.gov and clicking on "eFiling."

Update: On November 1, 2019, the Board announced that it would extend time for submitting briefs regarding NLRA protection for profane or offensive statements. Amicus briefs not to exceed 25 pages in length must be filed with the Board on or before November 12, 2019.