In a significant setback for the Biden-Harris administration, two pivotal Senate votes have derailed a key Labor Department nomination.

Senate leaders failed to confirm Lauren McFerran as the National Labor Relations Board chair due to opposition from former Joe Manchin and Kyrsten Sinema, as the Daily Caller reports.

The controversy centered around the renomination of McFerran, whose appointment was crucial for advancing President Biden's labor policies.

Senate Majority Leader Chuck Schumer spearheaded the effort to secure her position during the upcoming Trump administration.

Independents Sinema of Arizona and Manchin of West Virginia, both of whom have recently left the Democratic Party, played key roles in blocking McFerran’s confirmation.

Their votes during a procedural vote on a Wednesday afternoon were decisive.

Key Votes of Retiring Senators Influence NLRB Future

Both senators are retiring this month and have increasingly sided with Republicans on significant legislative issues. In a recent example prior to this vote, they joined Republicans in April to overturn a regulation that facilitated union organization in franchise businesses.

Sen. Bill Cassidy, a Republican, has been vocal in his opposition to McFerran, pushing for the seat to be filled by the incoming Trump administration instead.

Cassidy criticized the NLRB's direction under McFerran, particularly its increased focus on union activism.

Conservative groups such as Americans for Tax Reform and Americans for Prosperity have also expressed their opposition to McFerran's leadership, accusing her of bias towards union interests.

Opposition Voices Concern Over NLRB's Direction

Adam Temple from the National Federation of Independent Business articulated a common criticism among opponents, claiming McFerran favored organized labor at the expense of small businesses.

This sentiment was echoed by Manchin, who argued that her policies threatened small businesses and their ability to create jobs.

“Under Chairman McFerran’s leadership, the NLRB passed and sought to implement a joint employer rule that would have imposed unnecessary regulations jeopardizing thousands of small businesses, their employees, and the communities they serve,” Manchin stated.

Democratic Frustration Over Senate Blockade

On the other side, Democrats expressed frustration over the blocked nomination. Schumer described the outcome as a “direct attack on working people,” lamenting the loss of a nominee he described as highly qualified and dedicated to protecting worker rights.

Despite the opposition, proponents of McFerran argued that her leadership has been effective in advancing worker protections. However, Republican senators, including Cassidy, took a hard line. “The weaponization of NLRB under Ms. McFerran’s leadership is deeply troubling. Her clear bias against employers and workers’ rights deserves accountability,” Cassidy remarked.

Without a public hearing on McFerran’s renomination, frustration among GOP senators was palpable, with claims that the process lacked transparency and fairness.

Senate Dynamics Shift as Presidential Transition Approaches

The blocking of McFerran’s nomination underscores the shifting dynamics in the Senate as Trump prepares to take office. With Sinema and Manchin's departure and their critical votes, the Senate landscape is poised for significant changes.

The outcome of this nomination battle not only affects the immediate future of the NLRB but also sets a precedent for how labor policies may unfold under the Trump administration. As these events unfold, the impact on labor relations and union activities in the U.S. will be closely watched by both proponents and critics of the administration’s labor policies.