The Senate has blocked President Joe Biden’s renomination of Lauren McFerran as chairwoman of the National Labor Relations Board (NLRB), aided by two lawmakers who recently left the Democratic Party. Senators Joe Manchin (I-WV) and Kyrsten Sinema (I-AZ) joined Republicans in a 50-49 cloture vote, effectively halting McFerran’s bid for a new five-year term.
Senator Roger Marshall (R-KS) did not participate in the vote due to scheduled orthopedic surgery, a situation GOP leaders were aware of in advance, according to Axios. The defeat leaves Democrats without a majority on the five-member NLRB until at least 2026, as President-elect Donald Trump assumes office and Republicans regain control of the Senate, POLITICO reported. Senator Bill Cassidy (R-LA), ranking member of the Health, Education, Labor, and Pensions Committee, who has voiced concerns about alleged NLRB favoritism toward union organizers in elections, praised the vote blocking McFerran’s renomination.
“This NLRB seat should be filled by President Trump and the new incoming Senate. Not a historically unpopular president and a Senate Democrat Majority that has lost its mandate to govern,” Cassidy said. He added: “I am glad the Senate rejected Democrats’ partisan attempt to deny President Trump the opportunity to choose his own nominees and enact a pro-America, pro-worker agenda with the mandate he has from the American people.”
On X, HuffPost’s Igor Bobic reported that Senator Joe Manchin stated his opposition to McFerran “is not a surprise to anyone,” citing his previous criticism of a joint employer rule that he argued unfairly burdens franchisers with liability for franchise owners. C-SPAN’s Craig Caplan observed that Senator Kyrsten Sinema, like Manchin, is set to leave the Senate in a few weeks after choosing not to seek another term. She returned to the chamber on Wednesday to participate in floor votes for the first time since the Senate reconvened following the Thanksgiving break.
Senate Majority Leader Chuck Schumer (D-NY) had also filed cloture on a Republican NLRB nominee, Joshua Ditelberg, but he reportedly abandoned his own effort to advance the nomination after McFerran was blocked. “It is deeply disappointing, a direct attack on working people, and incredibly troubling that this highly qualified nominee — with a proven track record of protecting worker rights — did not have the votes,” Schumer complained in a statement.