CDW Sends Letter to Congress Urging Oversight of NLRB Chair McFerran, Rejection of Her Nomination

On June 12, the Coalition for a Democratic Workplace and 25 employer organizations sent a letter to the Senate Health, Education, Labor, and Pensions (HELP) Committee and House Education and the Workforce Subcommittee on HELP related to the actions taken by the National Labor Relations Board (NLRB) under Chair Lauren McFerran. President Biden nominated McFerran to another term on the NLRB earlier this month, but her tenure on the Board and the timing of this nomination should render her confirmation unacceptable. 

The following can be attributed to CDW Chair Kristen Swearingen:

“Lauren McFerran’s tenure on the Board has been riddled with radical interpretations of the National Labor Relations Act. Her decisions violate Supreme Court precedent, Congressional intent, and the NLRA itself. Federal courts have spent the last few years criticizing the Board’s actions as ‘nonsense’ and ‘legitim[izing] the entirely illegitimate.’ 

“Moreover, her nomination represents an effort by the Biden administration to hijack the Board for years into the next administration. He is trying to force his own policy agenda on a potential Trump administration, blocking President Trump from altering the direction of federal labor policy should he win the election.

“McFerran’s tenure on the Board should disqualify her from confirmation, but President Biden’s unprecedented efforts to control the Board potentially beyond his own time in office should not be tolerated. We urge the Senate to reject her nomination and for both committees to hold the Board accountable for their actions.”