Labor Board’s Power Challenged in Offensive Speech Case

The federal labor board doesn’t have the authority to overturn three Obama-era decisions on offensive workplace speech when it decides whether General Motors unlawfully disciplined a worker after outbursts against a manager, unions argued in briefs to the board.

The National Labor Relations Board invited public briefing in its consideration of when profane, racist, or sexist language loses the protection of federal labor law. The board signaled that it could strike down rulings involving scenarios not at issue in the General Motors case—including in speech in social media posts and on a picket line—and establish a legal framework that’s applicable ...