Manchin And Sinema Join GOP To Block Biden’s Labor Agency Pick

President Joe Biden faced a significant setback in his efforts to reshape the National Labor Relations Board (NLRB) when the Senate blocked the renomination of NLRB Chairwoman Lauren McFerran. The move, supported by Independent Senators Joe Manchin (WV) and Kyrsten Sinema (AZ), ensured that Biden would not regain a majority on the labor board before President-elect Donald Trump takes office.

The 50-49 cloture vote, with Sen. Roger Marshall (R-KS) absent due to surgery, left McFerran without the necessary votes to secure a new five-year term. Manchin and Sinema joined Republicans in rejecting the renomination, further solidifying their divergence from the Democratic Party.

McFerran’s defeat prevents Democrats from maintaining influence over the five-member NLRB, which plays a critical role in shaping labor policies and union practices. With the GOP poised to control the Senate in 2024, the labor board will likely remain under Republican influence until at least 2026.

“This NLRB seat should be filled by President Trump and the new incoming Senate, not a historically unpopular president and a Senate Democrat Majority that has lost its mandate to govern,” said Sen. Bill Cassidy (R-LA), ranking member of the Health, Education, Labor, and Pensions Committee. Cassidy accused Democrats of trying to deny Trump the opportunity to enact a pro-worker agenda aligned with his election mandate.

Manchin, whose opposition stemmed from a controversial joint employer rule that he claimed unfairly burdened franchise owners, emphasized that his position “is not a surprise to anyone.” Meanwhile, Sinema returned to the Senate floor for the first time since Thanksgiving to cast her vote, cementing her role in blocking McFerran’s renomination.

Both senators are set to leave the Senate at the end of their terms, marking their opposition to McFerran as one of their final legislative acts. Their defection underscores the growing divide within the Democratic Party on labor and regulatory issues.

The failure to confirm McFerran also blocked the nomination of Republican Joshua Ditelberg, as Senate Majority Leader Chuck Schumer (D-NY) abandoned the effort after McFerran’s defeat. This leaves the path clear for President-elect Trump to appoint his own NLRB nominees, ensuring a conservative majority on the board that will align with his pro-business, pro-worker agenda.

With Republicans controlling the Senate next year, Cassidy and others anticipate swift action to fill vacancies and solidify the board’s direction under Trump’s leadership.

Schumer expressed frustration over the vote, calling it “deeply disappointing” and a “direct attack on working people.” However, conservatives argue the decision reflects the will of the American people, who have chosen a new direction in the 2024 elections.

As the labor board transitions to Republican control, Trump’s administration is expected to prioritize policies that promote economic growth and protect the interests of both workers and businesses, marking a decisive shift from Biden’s regulatory approach.

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