Senators Joe Manchin (I-W.Va.) and Kyrsten Sinema (I-Ariz.) voted to block the renomination of Lauren McFerran to a second term as Chairman of the National Labor Relations Board (NLRB).
The NLRB has five members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Members are appointed by the President to 5-year terms, with Senate consent, the term of one member expiring each year.
The vote ended in a narrow 49-50 outcome, with both independent senators siding with Republicans in opposition to McFerran’s renomination.
Although McFerran was first appointed by President Barack Obama, she served as chairman of the NLRB during much of President Donald Trump’s term, when her leadership was marked by efforts to expand labor protections as Republican appointees moved the board in a more anti-union direction.
McFerran, who has served as the NLRB Chair since January 2021, has been a key figure in shaping the Biden administration’s labor policies.
She was first confirmed to the NLRB in 2014 and reappointed in 2020 for a term that expires in December 2024.
Before her appointment, McFerran held senior roles in labor law, including serving as Chief Labor Counsel for the Senate Health, Education, Labor, and Pensions (HELP) Committee and as a law clerk for Chief Judge Carolyn Dineen King on the U.S. Court of Appeals for the Fifth Circuit.
Her leadership at the NLRB has been marked by significant rulings in favor of workers’ rights, such as the recent decision to ban employers from forcing employees to attend anti-union meetings, a practice often referred to as “captive audience” meetings.
McFerran’s tenure has also seen efforts to expand union protections, particularly in the gig economy and among Amazon workers.
The defeat of McFerran’s renomination represents a substantial setback for the Biden administration’s labor agenda and the Democratic party’s push to secure a pro-labor majority on the NLRB.
Democrats had hoped that McFerran’s confirmation would ensure continued Democratic control of the agency during the early years of a potential second term for President-elect Donald Trump, who could have reshaped the board with his appointees.
Manchin and Sinema, both of whom are not seeking re-election in 2024, have frequently been a source of frustration for Senate Democrats due to their tendency to break ranks on key votes. Their opposition to McFerran’s renomination has drawn sharp criticism from labor unions and Democratic lawmakers, who argue that it undermines efforts to protect workers’ rights.
Senate Majority Leader Chuck Schumer (D-N.Y.) condemned the vote, calling it a “direct attack on working people” and a “deeply disappointing” decision that denied a highly qualified nominee the opportunity to serve. He also lamented the failure to maintain a pro-union majority on the NLRB as detrimental to workers’ rights.
On the other hand, Republicans and business groups applauded the vote. Sen. Bill Cassidy (R-La.) argued that the NLRB seat should be filled by President Trump and the new Senate, suggesting that the current Democratic-majority Senate had “lost its mandate to govern.” Kristen Swearingen, a vice president at the trade group Associated Builders and Contractors, also criticized McFerran’s policies, claiming that her leadership had led to decisions that were detrimental to business interests.
Labor advocates, however, expressed their dismay at the outcome. Liz Shuler, president of the AFL-CIO, said that Manchin and Sinema had “voted against the working people of this country” and warned that the incoming Trump administration would reverse the progress made under McFerran’s leadership.
“This vote had nothing to do with stopping Chair McFerran’s renomination and everything to do with reversing generations of progress workers have made toward building a fairer and more just economy,” Shuler stated.
The rejection of McFerran’s renomination could have lasting consequences, as the NLRB plays a crucial role in overseeing labor disputes, investigating unfair labor practices, and determining the outcome of union elections. With the board potentially shifting to a more pro-business stance under a future Republican administration, labor groups fear that key protections for workers will be rolled back.
As Manchin and Sinema prepare to leave Congress, their votes mark the end of their tenure as crucial swing votes in the Senate.
Their decision to block McFerran’s renomination underscores the significant influence of independent senators in shaping the direction of the Senate, even as both senators have distanced themselves from the Democratic party.
Control of the NLRB is highly significant to working-class Americans because the panel plays a central role in shaping labor rights and the ability of workers to organize, negotiate, and protect their interests in the workplace.
One of the NLRB’s primary responsibilities is overseeing union elections and ensuring that workers can form unions without undue interference from employers. If a majority of workers at a workplace choose to form a union, the NLRB helps to protect that choice.
A pro-labor majority on the NLRB is more likely to support workers’ right to organize, making it easier for employees to join unions and collectively bargain for better wages, benefits, and working conditions.
The agency investigates and resolves unfair labor practices, such as retaliation against workers for unionizing or engaging in collective bargaining. It also ensures that employers comply with laws that protect workers from exploitation, like the prohibition on firing employees for supporting union efforts or for speaking out about working conditions.
A board that prioritizes worker protections can act as a powerful counterbalance to employer misconduct.
The NLRB’s decisions on key labor issues, such as the classification of workers (e.g., independent contractors versus employees), the legality of certain workplace practices (like mandatory anti-union meetings), and the scope of union representation, have long-term impacts on the workforce.
A labor-friendly board is more likely to issue rulings that favor workers’ rights, while a business-friendly board may favor employers and weaken protections.
The NLRB has the authority to address complaints about unfair treatment at work, including issues like unsafe working conditions or employer retaliation against workers who report violations. A pro-worker NLRB can push for stronger workplace protections, which directly impact the safety and well-being of employees.
Unions play a crucial role in advocating for higher wages and better benefits, especially in industries where workers have less bargaining power. A strong, independent labor movement, supported by a favorable NLRB, is often linked to broader wage growth and the expansion of benefits such as healthcare, retirement savings, and paid leave.
In recent decades, many workers have seen stagnant wages, reduced job security, and increasing income inequality. The NLRB provides a key mechanism for workers to push back against the growing power of corporations by supporting collective action.
The decisions made by the board can either strengthen or weaken workers’ ability to challenge corporate practices that harm employees.
The NLRB, with its significant role in shaping labor policy, will now face a future where its direction could be heavily influenced by the outcome of the 2024 presidential election.