(Source: AP)— Senate Democrats’ efforts to secure a Democratic majority at the National Labor Relations Board (NLRB) for the first two years of President-elect Donald Trump’s administration were thwarted Wednesday, as independent Senators Joe Manchin and Kyrsten Sinema opposed the renomination of Lauren McFerran, who currently chairs the NLRB.
The vote to advance McFerran’s nomination for a five-year term failed narrowly, 49-50, with the opposition from Manchin and Sinema preventing her confirmation. McFerran’s reappointment would have solidified the Democratic majority at the NLRB, an agency responsible for overseeing labor disputes, union elections, and investigating unfair labor practices.
McFerran, a well-regarded figure in labor law, was viewed as a key player in protecting worker rights, and her confirmation was seen as vital for advancing the pro-labor agenda. However, with the failure to secure her position, President Trump will likely have the opportunity to nominate her successor, potentially shifting the balance of power at the NLRB.
Senate Majority Leader Chuck Schumer (D-N.Y.) expressed disappointment following the vote, condemning it as a “direct attack on working people” and criticizing the opposition from Manchin and Sinema. Schumer lamented that McFerran, with her “proven track record of protecting worker rights,” did not receive enough support.
The rejection of McFerran highlights the continuing divide within the Democratic Party, as Manchin and Sinema, both independent senators who previously caucused with Democrats, have become key obstacles to the Biden administration’s legislative and nomination efforts. Manchin left the Democratic Party in May, while Sinema switched to independent status in 2022. Both senators will not seek re-election in 2024 and will leave Congress at the end of the year.
Republicans, however, lauded the vote outcome. Senator Bill Cassidy (R-La.) argued that McFerran’s seat should be filled by President Trump, not by a “historically unpopular president” with a Democratic Senate. Rep. Virginia Foxx (R-N.C.) echoed these sentiments, claiming that the rejection of McFerran would lead to a “pro-worker agenda” under the incoming Trump administration.
Business groups also celebrated McFerran’s defeat, criticizing her past NLRB decisions as “harmful” to the business community. Kristen Swearingen of Associated Builders and Contractors called the nomination process “flawed” and claimed that McFerran’s leadership had expanded interpretations of the National Labor Relations Act that were rejected by Congress and the courts.
In contrast, labor unions strongly condemned the vote. Liz Shuler, president of the AFL-CIO, accused the senators who voted against McFerran of “voting against the working people of this country.” She warned that the incoming Trump administration would likely direct the NLRB to prioritize management interests over workers.
Democratic lawmakers expressed frustration, particularly with Manchin and Sinema’s votes. Rep. Mark Pocan (D-Wis.) criticized their actions on social media, saying, “Shortchanging workers is a bad way to leave.”
The vote marks another chapter in the ongoing partisan struggles over the NLRB’s direction, with both labor advocates and business groups closely watching the agency’s future leadership. The outcome may also set the tone for labor relations and worker protections under the next administration.
