President Joe Biden and Senate Democrats sought to secure McFerran's leadership for another five-year term. The move aimed to solidify labor protections under her tenure, but it faced significant opposition from Senate Republicans and two independent senators.
Outgoing Senators Sink Key Nomination
The vote to end debate on McFerran’s nomination failed 49-50, falling short of the majority needed to proceed. This marked a rare setback for Democrats, who held a slim majority of 51 seats in the chamber.
Independent Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona, both outgoing, voted against advancing the nomination. Their votes underscored a deep division within the Senate on labor issues and Democratic priorities during the transition period. In addition, Senate Majority Leader Chuck Schumer, who spearheaded the effort, criticized the failure to advance McFerran’s nomination. He called it “a direct attack on working people” and expressed disappointment in the outcome.
McFerran's Confirmation Effort Faces GOP Resistance
The nomination had been awaiting Senate consideration since August. It was advanced by the Senate Health, Education, Labor, and Pensions (HELP) Committee, chaired by Senator Bernie Sanders of Vermont.
Ranking Republican member Bill Cassidy of Louisiana opposed McFerran’s reconfirmation, arguing that the incoming Trump administration and Senate should fill the seat. Cassidy’s request for a public hearing on the nomination was previously denied by Sanders. Moreover, Senate Minority Leader Mitch McConnell also opposed the effort, emphasizing that McFerran’s reconfirmation would extend Biden’s policies into Trump’s term. He described the nomination as a partisan attempt to influence the independent labor board.
Key Votes Shape Labor Board's Future
Schumer made a final push for the nomination earlier in the week, filing a cloture motion on Monday to set up Wednesday’s vote. In a floor speech, he stressed the importance of protecting workers’ rights and addressing economic disparities.
Schumer said, “If you truly care about working families, if you care about fixing income inequality in America, then you should be in favor of advancing today’s NLRB nominees. You can’t say you are for working families, then go and vote no today.”
Despite Schumer's efforts, Republicans held firm against McFerran’s nomination. Vice President-elect JD Vance even traveled to Washington, D.C., to cast a decisive vote against the motion.
Critics of the nomination, including Turning Point USA founder Charlie Kirk, described the effort as an attempt to undermine Trump’s incoming presidency. Kirk called on GOP senators to block McFerran’s confirmation to prevent a Democratic majority on the board during Trump’s term.
Trump Administration to Fill Key Role
With the failure to reconfirm McFerran, President-elect Trump now has the opportunity to fill the chair position. This shift is expected to reshape the board’s priorities under his administration.
Republicans, including McConnell and Cassidy, framed the result as a victory for the incoming administration. Cassidy expressed satisfaction with the outcome, stating it would allow Trump to enact a "pro-America, pro-worker agenda." The outcome leaves Democrats with limited options for advancing their labor agenda during the transition. It also highlights the challenges of navigating a narrowly divided Senate during a politically charged lame-duck session.
McFerran’s defeat underscores the broader tension between outgoing administrations and incoming leaders, particularly over independent agencies like the NLRB. For now, the board's direction rests in the hands of President-elect Trump.
