Senate Democrats' last-ditch effort to maintain control of the National Labor Relations Board (NLRB) fell short on Wednesday, as a vote to end debate on reappointing Chair Lauren McFerran failed. This defeat presents President-elect Trump with the chance to influence the board's composition and direction.
Outgoing Senate Majority Leader Chuck Schumer had aimed to confirm McFerran, a Biden appointee, for another five-year term, extending Democratic control over the agency. However, the 50-49 vote saw opposition from Independent Senators Joe Manchin and Kyrsten Sinema, aligning with Republican concerns that the incoming president should have the authority to make this decision.
This outcome was met with approval from conservatives, who had argued against McFerran's confirmation. Sen. Josh Hawley (R-Mo.) expressed his support for President-elect Trump's pro-worker policies and anticipated collaborating on nominee selections beneficial to working families. Critics of McFerran, like Tom Hebert of Americans for Tax Reform, pointed to her record at the NLRB as detrimental to businesses and workers. Hebert praised the Republican senators who prevented Schumer's strategy and ensured the NLRB would be steered by Republicans aligned with worker interests.
Sen. Josh Hawley, left, and Sen. Chuck Schumer (File)
Sen. Bill Cassidy (R-La.) celebrated the Senate's rejection of what he viewed as a partisan attempt to deny President-elect Trump the right to choose his own NLRB nominees. Carrie Sheffield of Independent Women's Voice echoed this sentiment, praising the outcome as a victory against McFerran, whom she criticized for her stance on free speech.
Senate Majority Leader Chuck Schumer (AP Photo/J. Scott Applewhite/File)
Republican frustration stemmed from the refusal of Sen. Bernie Sanders, Chair of the Health, Education, Labor, and Pensions Committee, to hold a public hearing on McFerran before advancing her nomination, which had been pending since August. They highlighted a 2021 incident where the NLRB, under McFerran, ordered Tesla to have Elon Musk delete a tweet deemed harmful to unionization efforts, a decision later overturned by the U.S. Appeals Court. Musk himself commented on the situation, expressing his frustration with the administration's actions.
Sen. Joe Manchin (Samuel Corum/Getty Images/File)
Following the McFerran vote, Democrats withdrew the cloture vote for Republican NLRB nominee Joshua Ditelberg, leaving two seats for President-elect Trump to fill. Schumer, who had initiated the process for McFerran's confirmation, expressed disappointment with the outcome, characterizing it as an attack on working people. He emphasized McFerran's qualifications and track record of protecting worker rights.
