Manchin, Sinema tank Schumer lame-duck effort to secure Dem majority on top labor board

In a last-ditch effort, President Biden and Senate Democrats tried to re-confirm National Labor Relations Board Chair Lauren McFerran, a Democrat, to solidify a Democrat majority on the board well into President-elect Donald Trump’s term. However, Senate Majority Leader Chuck Schumer failed to anticipate Trump’s impact on labor and unions, resulting in a failed vote on Wednesday afternoon.

The vote on McFerran’s re-confirmation was a critical one, as it would have ensured a Democrat majority on the NLRB for the first two years of Trump’s term. Despite the Democrats’ efforts, outgoing Sens. Joe Manchin and Kyrsten Sinema dealt blows to their caucus by voting down the test vote. With a razor-thin majority of only 51, ensuring all senators were present for the vote proved to be a challenge.

McFerran’s nomination had been waiting to be considered since August when Democrats advanced her out of the Senate Committee on Health, Education, Labor, and Pensions. However, the vote to end debate and proceed to a vote on her re-confirmation failed, with senators voting 49 to 50 against it.

Republicans expressed frustration over the lack of a public hearing on McFerran before her nomination was advanced, with HELP Chairman Bernie Sanders denying a request from Ranking Member Bill Cassidy. Cassidy emphasized the importance of allowing President Trump to choose his own nominees and enact a pro-worker agenda with the mandate he received from the American people.

Schumer filed cloture on McFerran’s nomination on Monday, setting up the vote on Wednesday. In his remarks, he emphasized the importance of protecting workers from mistreatment on the job and overreaching employers. Meanwhile, Senate Minority Leader Mitch McConnell raised concerns about giving a lame-duck President control of an independent board well into his successor’s term.

Since McFerran was not re-confirmed, the position will now be open for Trump to fill during his term. Trump’s transition team did not immediately provide comment on the matter. Turning Point USA founder and CEO Charlie Kirk urged GOP Senators to block McFerran’s re-confirmation, highlighting the significance of having a Democrat Chair of the NLRB for the first two years of Trump’s Presidency.

In conclusion, the failed vote on McFerran’s re-confirmation underscores the challenges of navigating a divided Senate and the importance of ensuring a fair and transparent nomination process for key positions. The upcoming months will be crucial in shaping the future of labor relations and unions under the new administration.