Reconfirming NLRB Chair Would be a Loss for Workers Nationwide

As current Senate Majority Leader Chuck Schumer (D-N.Y.) has clearly demonstrated, securing confirmations is one of the priorities of the Senate Democrats during this “lame duck” session of Congress. This now includes a re-nomination of Democratic chair Lauren McFerran to another five-year term on the National Labor Relations Board (NLRB).  However, McFerran’s abysmal record as chair, where she continuously pursued pro-union policies at the expense of workers’ and businesses’ rights, should be reason enough for lawmakers to oppose this push.

From severely stifling employers’ speech rights to granting wide immunity to misbehaving union leaders, McFerran’s agenda has shown a clear pro-union bias.  The precedent set by the board during her tenure will already take years to unwind. Reconfirming her means that the damage will persist for decades longer.

The recent election was a clear signal that voters want a departure from the current economic agenda pushed by the Biden administration. A push during the lame duck with little less than a month before the installation of a new Congress would be a betrayal of the will of those voters who asked for change. The direction of such a crucial institution for economic activity such as the NLRB should be led by a Congress that accurately reflects the direction the voters chose. Approval by a lame duck Senate with various unaccountable senators that are on their way out of Congress only serves to accomplish a partisan agenda. To make matters worse, the re-confirmation of McFerran is being rushed without giving lawmakers the opportunity to properly question the nominee, as it was pushed out of committee without a hearing.

Up to this point, McFerran’s chances for reconfirmation were slim. Republican senators have consistently blocked the nomination, with the help of other Democratic skeptics. However, it seems that absenteeism from the Republican camp can open up a window of opportunity for Schumer to squeeze the nomination through. Republicans need to show up and do their jobs to safeguard labor policy for years to come. A failure to do so would carry devastating consequences for the economy and rob the next administration of key prerogatives.

A few brave Democrats will also be needed to stop McFerran.  Senators Kyrsten Sinema (I-Ari.) and Joe Manchin (I-W.Va.) have shown their independence in the past by breaking from the party to ensure commonsense fiscal ideas. They need to step up and do the right thing again.  This can’t begin and stop with just Senators Sinema and Manchin, though. Other democrats need to step up.

Policymakers have a golden opportunity to rein in the recent streak of abuses and overreach by the NLRB in the most effective way possible: a shakeup in leadership. Workers and businesses nationwide will likely be thankful if they did. To do so, they will need to take an active effort to stave off the push by Democratic leadership to cement McFerran as chair until 2029 The mandate from voters was clear: they asked for a departure from the unsuccessful economic agenda that characterized the Biden administration. Congress should listen and act accordingly.