Manchin and Sinema Block Democratic Majority on National Labor Relations Board

Senate Fails to Confirm NLRB Nominee Amid Manchin and Sinema's Rejection

Senate Democrats' attempt to solidify a Democratic majority on the National Labor Relations Board (NLRB) for the next two years was thwarted on Wednesday, as independent Senators Joe Manchin (West Virginia) and Kyrsten Sinema (Arizona) voted against confirming Lauren McFarren to the NLRB. This outcome means the NLRB, which oversees labor disputes and union elections, will likely see a shift in leadership once President-elect Donald Trump takes office.

Narrow Vote Fails to Confirm Lauren McFarren

The vote to advance McFarren’s renomination failed by a razor-thin margin of 49-50. McFarren, who currently serves as chair of the NLRB, was hoping to secure another five-year term, which would have cemented a Democratic majority on the board for the first two years of the incoming Trump administration. With her rejection, Trump is expected to nominate a new chairperson.

The NLRB plays a crucial role in enforcing labor laws and overseeing union activities. The agency’s political makeup has long been a point of contention between business and labor groups, with the party in control of the board having significant influence over the direction of labor policy.

Reaction from Democrats and Labor Groups

The failure to confirm McFarren was deeply disappointing to Senate Democrats, with Senate Majority Leader Chuck Schumer calling it “a direct attack on working people.” Schumer expressed concern that McFarren’s track record of defending workers' rights would be overlooked in favor of a pro-business agenda under the new administration.

“It is incredibly troubling that this highly qualified nominee—who has a proven track record of protecting workers’ rights—did not have the votes,” Schumer said.

Labor unions, including the AFL-CIO, also decried the vote, with president Liz Shuler calling it a blow to workers. “This vote had nothing to do with stopping Chair McFarren’s renomination and everything to do with reversing generations of progress workers have made,” Shuler said.

Manchin and Sinema: Key Obstacles to Biden's Agenda

The rejection of McFarren’s nomination adds to a series of setbacks for President Joe Biden and Senate Democrats caused by Senators Manchin and Sinema. Both senators have frequently acted as obstacles to key elements of Biden’s legislative agenda during the first two years of his presidency.

Manchin, who left the Democratic Party earlier this year, and Sinema, who became an independent in 2022, have faced criticism from within their own party for their votes on crucial legislation. Both senators have announced they will not seek reelection in 2024, which has further complicated Democratic efforts to maintain a strong majority in the Senate.

Republicans Celebrate, Business Groups Support Rejection

Republican lawmakers, including Senator Bill Cassidy of Louisiana, praised Manchin and Sinema for blocking McFarren’s confirmation. Cassidy argued that the NLRB seat should be filled by President Trump’s administration, claiming that the current Senate had “lost its mandate to govern.”

Kristen Swearingen, vice president of Associated Builders and Contractors, a business trade group, also welcomed the rejection. She criticized McFarren’s tenure, claiming that the NLRB under her leadership had issued decisions that were detrimental to the business community. Swearingen argued that McFarren’s policies had been repeatedly rejected by federal courts and Congress.

The Battle Over Labor Policy

The NLRB’s leadership has long been a battleground for competing visions of labor policy in the U.S. On one side, labor unions and Democratic lawmakers seek stronger protections for workers and the expansion of union rights. On the other, business groups and Republicans argue for more limitations on the NLRB’s power to investigate labor practices and impose regulations.

The debate over McFarren’s confirmation is reflective of this larger ideological divide. With the NLRB now likely to fall under Republican control in the coming years, many fear that labor protections could be rolled back, especially with Trump’s administration taking over in January.

Looking Ahead

With McFarren’s renomination rejected, the future of the NLRB is uncertain. Democrats will likely attempt to regain control of the board in future years, but with a Republican-majority Senate and the upcoming Trump administration, they may face significant hurdles.

For now, the fight over labor policy is set to continue, with business and labor groups closely watching the outcomes of upcoming nominations to the NLRB and other key regulatory bodies.

Conclusion

The Senate's failure to confirm Lauren McFarren to the NLRB has far-reaching implications for U.S. labor policy under the incoming Trump administration. With key independent senators blocking the nomination, Democrats' hopes of solidifying a majority on the board are dashed, leaving businesses and labor unions to brace for potential shifts in federal labor law enforcement.