Senate Majority Leader Chuck Schumer’s gambit to secure long-term Democratic control of the National Labor Relations Board (NLRB) backfired spectacularly, leaving Democrats fuming and Republicans cheering. The failed nomination of Lauren McFerran to another five-year term as NLRB chair marks a critical turning point for labor policy, as President-elect Donald Trump and a Republican Senate now prepare to reshape the board’s makeup—and its agenda.
Schumer’s move to extend McFerran’s term into 2026 was a calculated effort to block Trump’s influence over the NLRB during his second administration. The plan relied on the razor-thin Democratic majority holding together, but two independents—Sens. Kyrsten Sinema (I-AZ) and Joe Manchin (I-WV)—shattered Schumer’s hopes. Their defection in the 50-49 vote ensured McFerran’s renomination failed, clearing the way for Republican control of the board in 2024.
McFerran NLRB nomination FAILS on the Senate floor! 50-49. A huge win for worker freedom, small business, and free speech in the workplace and a loss for the lame-duck White House and Senate Democrats. President Trump and the GOP Senate will determine the NLRB majority next year!
— Akash Chougule (@AkashJC) December 11, 2024
This rejection was more than a procedural loss; it was a rebuke of Schumer’s leadership and the heavy-handed tactics Democrats used against Sinema and Manchin in recent years. From orchestrating primary challenges to enabling harassment campaigns, the Democratic Party burned bridges with these critical swing votes—and it’s now paying the price.
The National Labor Relations Board plays a pivotal role in shaping U.S. labor policy, particularly regarding unions and workplace regulations. Under McFerran’s leadership, the board leaned heavily toward a pro-union stance, favoring policies that critics argue hamstring businesses and independent workers. Allowing McFerran to continue would have locked in this agenda until 2026, severely undermining Trump’s plans to promote economic freedom and reduce bureaucratic overreach.
Joe Manchin and Krysten Sinema just voted with every Senate Republican against re-confirming Democrat Lauren McFerran to the National Labor Relations Board.
Democrats would have controlled the majority on the NLRB until 2026 if they had voted in favor.
Now Donald Trump will… pic.twitter.com/39Pzno1x2p
— Greg Price (@greg_price11) December 11, 2024
With McFerran’s term expiring later this month, Trump will now have the opportunity to nominate a replacement. The incoming Republican-controlled Senate is expected to confirm someone who prioritizes the interests of all American workers—not just the shrinking percentage represented by unions.
For years, Democrats have exploited traditions governing the NLRB’s partisan balance to their advantage. While the board typically consists of three members from the president’s party and two from the opposition, there’s no legal requirement for this composition. Under President Biden, Democrats left a Republican seat vacant, giving them a 3-0 majority to push through their agenda. This manipulation underscores the urgent need for reform to prevent similar abuses in the future.
50 Senators sided with corporate bosses and billionaires by blocking McFerran’s reconfirmation for @NLRB Chair. It’s a disgraceful attack on the freedom to organize and a betrayal of the progress workers have fought for.
The labor movement will keep fighting, no matter what. pic.twitter.com/Bif8EjEzqL
— Liz Shuler (@LizShuler) December 11, 2024
The current board’s composition reflects a staunchly pro-union bias. Members like Gwynne Wilcox, a former SEIU lawyer, and David Prouty, another labor attorney, have consistently advanced policies favoring union interests. Replacing McFerran with a more balanced appointee will mark a significant shift in direction and curb the excesses of the past few years.
