Key Democratic Nominee Still Awaits Vote as Schumer’s Time Runs Out
President Biden’s last appointment to the National Labor Relations Board has not yet been confirmed by the Senate, and Democrats only have a small window of time until Republicans take control of Congress.
Two of the board’s five members are Republicans, and two are Democrats, with its chairperson being chosen by the sitting president. In June, Biden nominated the current chair, Democrat Lauren McFerran, to a third term and Joseph Ditelberg to fill a vacant Republican seat. But Senate Majority Leader Chuck Schumer has not yet brought either nomination up for a vote.
The NLRB protects the right to form a union and enforces labor law, and McFerran’s confirmation in particular would ensure a Democratic board until late 2026. This would allow for more pro-labor decisions and policies and protect against right-wing attacks on unions and workers’ rights. But Schumer and Senate Democrats have to act quickly before January, when a new Republican Senate majority is sworn in.
The NLRB is a frequent target of conservatives and powerful executives, who are seeking to cripple and even dissolve the labor body. In September, a judge appointed by Donald Trump granted a request in a legal case seeking to demolish the National Labor Relations Board. Tech CEO and close Trump ally Elon Musk is working with Amazon, Starbucks, and Trader Joe’s in another legal challenge seeking to destroy the agency on constitutional grounds.
Unions have praised Biden’s record on labor, calling him the best president on workers’ rights since Franklin D. Roosevelt. But he was unable to pass the Protecting the Right to Organize, or PRO, Act and he was criticized for breaking a railroad strike in 2022. Filling this appointment may protect the gains he has made for working people at least in the short term while Democrats regroup for the 2026 midterm elections. But Schumer and the rest of the Democrats have to act soon, or it will be too late.
