In a major setback for President Joe Biden, the U.S. Senate on Wednesday rejected the nomination of National Labor Relations Board (NLRB) Chair Lauren McFerran for a new term, giving incoming President Donald Trump the opportunity to strengthen Republican influence over the agency. The Senate voted 50-49 against advancing McFerran’s nomination, marking a significant shift in the balance of power at the NLRB.
The decision comes just days before McFerran’s current term expires, effectively leaving the board without a permanent chair. The vote was narrowly decided, with Democratic Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona joining Republicans in opposing the confirmation. Both senators, known for their independent stances within the Democratic Party, provided the crucial votes to block the nomination.
McFerran’s nomination had faced strong opposition from business groups and Republicans, who criticized her leadership for a series of controversial NLRB rulings that they claim disproportionately favored labor unions. The NLRB, which is tasked with protecting workers’ rights to unionize and negotiate for better working conditions, typically maintains a party-line split of three members from the president’s party and two from the opposition.
Without McFerran, the NLRB will temporarily operate with a 2-1 Democratic majority until Trump’s appointees are confirmed. The incoming administration is expected to move swiftly to nominate two individuals to the board, which would likely shift the balance of power and allow Republicans to exert greater influence over the agency’s decisions.
For business groups, the Senate’s rejection of McFerran’s nomination is seen as a win. Glenn Spencer, Vice President of Employment Policy at the U.S. Chamber of Commerce, praised the decision, criticizing McFerran’s tenure for a series of contentious rulings that have led to legal challenges and have, according to him, undermined fairness for both businesses and workers.
“The NLRB should focus on promoting fairness for all, not tilting the scale in favor of one side,” Spencer said. “Under McFerran’s leadership, the board’s decisions have created an unbalanced environment that harms workers and businesses alike.”
McFerran’s tenure as NLRB Chair has been marked by several significant rulings, such as creating new pathways for unionization outside of the traditional secret ballot process and making it harder to classify workers as independent contractors, a move that would have expanded unionization efforts. These decisions have drawn criticism from Republicans and business advocates, who argue that they hurt businesses by pushing for expanded union rights and more stringent labor protections.
As the Senate prepares to take up additional nominations, including Joshua Ditelberg, a labor lawyer favored by business interests, the political landscape at the NLRB is set to shift dramatically. Trump’s appointees are widely expected to reverse many of the decisions made under McFerran’s leadership.
With the Senate’s vote effectively paving the way for Republican influence over the NLRB, the fate of several high-profile labor-related legal decisions is uncertain. As part of his strategy, Trump is also expected to dismiss Jennifer Abruzzo, the current NLRB General Counsel appointed by Biden, who has taken aggressive actions in pushing union-favorable legal arguments since her confirmation in 2021.
The NLRB’s decisions can have far-reaching impacts on labor law, affecting everything from workers’ rights to unionize to the classification of independent contractors. With these impending changes, both businesses and labor advocates will be closely watching how the board adapts to new leadership in the coming months.
Read more: