Republicans and conservatives are celebrating a significant win after Senate Democrats failed to confirm Lauren McFerran as chair of the National Labor Relations Board (NLRB) in a closely contested 50-49 vote on Wednesday.
The defeat marked a blow to outgoing Senate Majority Leader Chuck Schumer’s last-minute push to secure Democratic control of the influential agency, which oversees labor relations and union matters, until at least 2026.
McFerran, appointed by President Biden, was seeking a new five-year term. However, the effort was stymied when independent Senators Joe Manchin (West Virginia) and Kyrsten Sinema (Arizona) sided with Republicans to block the vote.
Conservatives had actively opposed McFerran’s renomination, emphasizing that President-elect Trump should have the opportunity to nominate his preferred candidates following his recent election victory.
Senator Josh Hawley (R-Mo.) declared the vote a victory for working Americans and praised the decision to allow Trump to choose nominees who align with his pro-worker policies. "I’m glad we didn’t let Biden pack the NLRB with anti-worker nominees," he said.
Similarly, Tom Hebert, director of competition and regulatory policy at Americans for Tax Reform, criticized McFerran’s record, accusing her of harming freelancers, businesses, and workers during her tenure under the Biden administration.
Schumer’s attempt to push McFerran’s nomination through the Senate during the lame-duck session drew sharp criticism. Conservatives argued that the move was an effort to exploit potential Republican absences and secure Democratic control of the board.
However, Republicans showed up in full force, blocking what they viewed as a partisan maneuver. Senator Bill Cassidy (R-La.) expressed his satisfaction, saying, "The Senate rightly rejected Democrats’ partisan attempt to deny President Trump the chance to shape the NLRB in a way that supports American workers."
The controversy surrounding McFerran was not limited to Senate proceedings. Health, Education, Labor, and Pensions Committee Chair Bernie Sanders had previously denied Cassidy’s request to hold a public hearing on McFerran’s qualifications, which further fueled Republican frustration. McFerran’s nomination had been stalled since August.
Elon Musk, CEO of Tesla and SpaceX, also weighed in, referencing a past NLRB decision under McFerran’s leadership that required Tesla to direct Musk to delete a tweet deemed harmful to unionization efforts.
The decision was later overturned by the U.S. Appeals Court. Musk dismissed the Democrats’ push for McFerran as ineffective, posting on social media that "government efficiency is inevitable."
Democrats, led by Schumer, defended McFerran as a champion for working families and a protector of labor rights. Schumer lamented the failed vote, calling it a "direct attack on working people" and criticizing Republicans for what he described as prioritizing partisan politics over worker protections.
In response to the failed nomination, Democrats withdrew a cloture vote for Republican NLRB nominee Joshua Ditelberg. This move potentially paves the way for President-elect Trump to fill two board seats after his inauguration, ensuring a Republican majority at the NLRB.
While Schumer decried the outcome as deeply disappointing, conservatives celebrated it as a major victory, solidifying the incoming administration's ability to influence labor policies and agency leadership for years to come.