Senate Democrats fail to secure NLRB majority under Trump in razor-thin vote

Washington — A Democrat-led push to secure a majority on the National Labor Relations Board until 2026 fell short on Wednesday, as Senate Republicans and two independents blocked the nomination of Lauren McFerran to continue serving on the labor board. 

Senate Majority Leader Chuck Schumer filed cloture Monday on the nominations of McFerran, a Democrat, to remain for another five-year term on the National Labor Relations Board. McFerran is the current chair of the NLRB whose term is set to expire later this month. Her confirmation to another term would have maintained a Democratic majority on the board, in a move that would have marked a key victory for Democrats heading into a second Trump administration and a Republican trifecta in Washington. 

In a 50 to 49 vote, Senate Republicans, joined by independent Sens. Kyrsten Sinema and Joe Manchin, blocked the nomination from advancing. Without the confirmation, the board is expected to swing to come under Republican control, with a vacancy for President-elect Donald Trump and the incoming GOP-controlled Senate to fill in the new year. 

Schumer praised McFerran ahead of the vote on Wednesday, saying she has "served admirably on the NLRB for many years, where she's known for her fairness, her deep expertise and guiding the board to deal with the challenges of the contemporary work place."

"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 nominee," Schumer said, stressing that "you can't say you're for working families and then go and vote no today, because the NLRB protects workers from mistreatment on the job and from overreaching employers."

The NLRB is an independent federal agency with five board members that serves as a mediator between labor unions and big business by enforcing labor law under the National Labor Relations Act. Under the union-friendly Biden administration, the NLRB has delivered a slew of pro-union rulings. 

Sen. Bernie Sanders, a Vermont independent and longtime labor advocate, posted Tuesday on social media  that McFerran has "done an exceptional job protecting workers' rights & standing up against illegal union busting," arguing that it's "imperative that a majority of Senators vote to reconfirm her this week so she can continue this vital work."

Republicans largely opposed the nomination, including Senate Minority Leader Mitch McConnell, who came out in opposition of McFerran's nomination on Tuesday. The Kentucky Republican, who is leaving leadership in January, said Tuesday in remarks from the Senate floor that his colleagues should consider the "gross mismanagement of Ms. McFerran's watch."

"Her confirmation would give a lame-duck president control of an independent board well into his successor's term," McConnell added.

Manchin, a West Virginia independent who caucuses with Democrats, also joined with Republicans to oppose advancing the nomination, as did Sinema, an Arizona independent. The two senators, who are often key votes on partisan measures, are both departing the Senate after opting not to seek reelection. Sen. Roger Marshall, a Kansas Republican, did not vote. 

The vote came as Senate Democrats have been making a last-minute push to confirm President Biden's remaining nominees to the nation's courts. Democrats are hoping to meet or surpass Trump's judicial confirmations from his first term, but have run into resistance from Republicans in recent weeks who are looking to drag out the process.