President Biden Plans to Hijack NLRB for Two years into Next Administration, Renominates McFerran Despite Devastating Tenure

On May 23, President Biden announced he will nominate Lauren McFerran to another term on the NLRB in an attempt to hijack the Board and keep it in Democratic control for years into the next presidency.

McFerran’s term expires in December of 2024, but Biden has renominated her now to avoid having to push Senators to confirm her during a lame duck session despite having potentially lost the election. If McFerran were confirmed, Democrats would retain a majority until August 2026, depriving a potential Trump administration the opportunity to appoint his own nominees.

Importantly, there is no need to rush through McFerran’s nomination, as the Board will continue to have a quorum – and therefore can operate fully – after McFerran’s term expires. In fact, Biden has failed to nominate a Republican to the Board since John Ring’s term expired in December 2022, leaving the seat vacant for a year and a half.

The following can be attributed to CDW Chair Kristen Swearingen:

“The Coalition for a Democratic Workplace strongly urges the Senate to reject this nomination. President Biden is trying to hijack the NLRB in order to cement their radical policies under his administration into law. If McFerran is confirmed, the Board would be under Democratic control well into 2026, a year and a half into a potential Republican administration. The Senate should reject this effort to force the next administration to abide by President Biden’s and Big Labor’s radical agenda.

“Even if the situation were otherwise, however, CDW would still be against this nomination. Lauren McFerran has championed radical policies that have abandoned long-standing precedent and destabilized labor relations across the economy. One of her most egregious efforts includes allowing racist, sexist, and bigoted language in the workplace, creating hostile workplaces for workers and potentially forcing them to work side-by-side with their harassers and/or abusers. This is simply unacceptable, and it should disqualify McFerran from another confirmation.”