Senate stops Biden’s partisan NLRB maneuver, paving the way for Trump nominee

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The Senate on Wednesday blocked President Biden's attempt to re-nominate the Democrat chair of the National Labor Relations Board, Lauren McFerran. CEI labor policy expert Sean Higgins praised the Senate decision, which will help the duly elected Trump administration advance its agenda.

Statement by Sean Higgins, CEI research fellow:

"The Senate was right to reject extending Lauren McFerran's chairmanship of the National Labor Relations Board (NLRB). Extending McFerran's term would have ensured a Democratic majority on the Board until 2026. Attempting to do that at this late date was a transparent and cynical attempt by Senate Majority Leader Schumer to hobble the incoming administration's ability to set a labor policy agenda. Thankfully cooler heads prevailed.

"Rather than acting as an impartial referee between unions and management, under McFerran the NLRB has acted as an advocate for unions, often twisting rules and laws in absurd and unconstitutional ways. Courts blocked the board's worst actions during this period. The Supreme Court's ruled 8-1 in Starbucks Corp. v. McKinney, rejecting the Board's attempt to institute a lower standard of proof for unfair labor practices. The District Court for the Eastern District of Texas tossed out the NLRB's rule expanding 'joint employer' liability to include cases 'indirect control' - a term of art that would have meant whatever the Board wanted it to mean. Such overreach should not be rewarded."

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