Sen. Kyrsten Sinema's unexpected return to the upper chamber on Wednesday drew national attention as she cast a pivotal vote against the renomination of NLRB Chairwoman Lauren McFerran.

This vote, combined with opposition from Republicans and Independent Sen. Joe Manchin, derailed plans for Democrats to maintain control of the National Labor Relations Board beyond President-elect Donald Trump's inauguration, as the Washington Examiner reports.

Sinema's vote came after a prolonged absence since the Thanksgiving break, during which she missed 16 votes on district judges, marking significant absenteeism since announcing her retirement.

Her decision to join Republicans and Manchin in voting against McFerran thwarted the Democratic Party majority's hope of a 51-49 supported procedural vote, which ended in a narrow 49-50 defeat.

Kyrsten Sinema's Unforeseen Return

Before her return for the vote, Sinema's prolonged absence had not gone unnoticed. Despite being a guest of honor, she notably skipped the State Society of Arizona’s holiday reception in D.C.

Her absence was keenly felt within the Democratic Party ranks, with Senate Majority Whip Dick Durbin stating he was out of touch with her whereabouts.

Her vote against McFerran has created ripples across the political spectrum. Vice President-elect J.D. Vance also made a rare Senate appearance to oppose McFerran, intensifying the challenges for her renomination and solidifying a potential shift to a Republican-majority NLRB.

Struggle Over NLRB's Future Leadership

McFerran's renomination was critical for maintaining a Democratic-controlled NLRB that might have been sustained until August 2026. As her term expires on Monday, President-elect Trump is now positioned to reconfigure the board to a 3-2 Republican majority by appointing suitable replacements. The current NLRB composition includes three Democrats, one Republican, and a Republican vacancy, the filling of which has been halted post-McFerran’s non-confirmation.

Meanwhile, Senate Democrats retracted a procedural vote on another Biden nominee, Joshua Ditelberg, intended to fill the Republican vacancy. This pause followed criticisms of McFerran from conservative circles for allegedly adopting stances they considered anti-business and undermining traditional employer rights.

Manchin Voices Regulatory Concerns

Manchin publicly voiced opposition to McFerran’s efforts towards a "joint employer rule," which he argued would police thousands of small businesses adversely. His vote, alongside Sinema's, underscores ongoing tension within the party surrounding labor issues.

Sinema’s actions have increasingly isolated her from her former Democratic colleagues, notably since her decision to retire. Since March, her absence from Senate votes has become more pronounced, with her missing roughly one-third of them compared to less than 2% before announcing her retirement.

Responses from Key Political Figures

Senate Majority Leader Chuck Schumer expressed deep discontent over McFerran's defeat. He asserted the failed vote represented an attack on working Americans, emphasizing McFerran’s reputation as a defender of worker rights. In contrast, Republicans perceived McFerran’s renomination as an obstruction to President-elect Trump’s mandate and his anticipated "pro-America, pro-worker" policies.

The fallout from Sinema and Manchin's votes has extended beyond the Senate chamber. Rep. Mark Pocan did not mince words in a sharply worded social media denouncement aimed at both senators, illustrating the broader dismay within the Democratic caucus.

Bipartisan Backlash and a Broader Political Context

The defeat of McFerran's renomination marks a significant setback for Democrats who see the NLRB as crucial for safeguarding worker rights in the U.S. Labor unions, in particular, consider the board instrumental for their advocacy efforts.

Sinema and Manchin’s records show a history of diverging from their party concerning labor matters. This latest episode echoes Manchin's earlier objections to another Biden nominee, which he justified as necessary to protect business interests from excessive regulation.

Sinema’s independence has been a prominent theme in her political journey, exemplified by her willingness to oppose party lines, further evidenced by her early retirement announcement. Her absence and voting patterns point towards a calculated approach in her final days in office, wielding influence amid the shifting political dynamics in Washington.

Senate Democrats have generally been able to pass votes and confirm key nominees without Sinema's involvement, thanks to their slim majority, but this episode with McFerran underlines the vulnerabilities inherent in such narrow margins.

The unfolding situation with the NLRB highlights the broader partisan challenges facing both sides as the political landscape continues to evolve.