Senator Kyrsten Sinema (I-AZ) made her long-awaited return to the Senate this Wednesday, casting a decisive vote to block the renomination of National Labor Relations Board (NLRB) Chairwoman Lauren McFerran.
The Washington Examiner reported that Sinema’s unexpected vote, combined with the opposition of Senator Joe Manchin (I-WV) and Senate Republicans, derailed Democratic efforts to maintain control of the board overseeing U.S. labor law.
The vote represents a major setback for Democrats aiming to uphold a worker-focused agenda through the NLRB.
Sinema’s return followed an extended absence that began before the Thanksgiving recess, during which she missed 16 Senate votes.
Her absence had frustrated Democratic colleagues, as it coincided with critical confirmations of district judges and other key appointments. Sinema’s office declined to comment on her whereabouts, leaving many lawmakers, including Senate Majority Whip Dick Durbin (D-IL), in the dark.
The procedural vote to advance McFerran’s renomination to another five-year term failed 49-50, with Sinema and Manchin joining all 48 Senate Republicans in opposition. Without McFerran’s renomination, the NLRB will likely shift to a Republican majority, as President Trump is now expected to nominate replacements for McFerran and a vacant Republican seat on the board.
McFerran’s term expires on Monday, leaving Democrats scrambling to maintain influence on the labor board. Under her leadership, the NLRB had focused on strengthening worker rights, a direction Republicans criticized as overly restrictive to businesses and employers.
Republican opposition to McFerran centered on her leadership style, which they argued hindered employer free speech and union election processes. Senator Bill Cassidy (R-LA) condemned Democratic efforts to retain her position as a partisan move to block President Trump’s agenda.
Sinema’s absence has become a growing concern among Democrats, as she has missed roughly one-third of all votes since announcing in March that she would not seek reelection. This marks a significant departure from her previous near-perfect attendance record in the Senate.
Her extended absence also caused her to miss the State Society of Arizona’s holiday reception, where she was slated to be honored for her Senate service in 2019. Despite these lapses, Sinema returned to play a pivotal role in the closely watched vote on McFerran’s renomination.
Durbin expressed frustration with the lack of communication during her absence. “Nope, I sure don’t,” he responded when asked if he knew her location before Wednesday’s vote. “You know, she’s an independent,” he added, referencing Sinema’s defection from the Democratic Party in 2022.
Democratic leaders expressed dismay at the failed nomination, emphasizing McFerran’s qualifications and track record. Senate Majority Leader Chuck Schumer (D-NY) described the outcome as “a direct attack on working people.” He lamented the lack of support for a nominee he viewed as instrumental in protecting workers’ rights.
Other Democrats voiced their disappointment more pointedly. Representative Mark Pocan (D-WI) criticized the senators who voted against McFerran, saying, “Shortchanging workers is a bad way to leave.” His comments underscored the broader frustration within the party over losing control of the NLRB.
Manchin, however, defended his vote, citing concerns over McFerran’s policies. He argued that her initiatives, including a controversial joint employer rule, posed risks to small businesses and their employees. His vote reflected a growing divide within the Democratic caucus on labor and economic issues.
The failure to renominate McFerran also led Senate Democrats to abandon efforts to confirm another Biden nominee, Joshua Ditelberg, to fill the open Republican seat on the board. This decision effectively cedes control of the NLRB to Republicans, marking a significant shift in the board’s trajectory.
Republicans welcomed the outcome, viewing it as an opportunity to reshape labor law in a more business-friendly direction.
The NLRB’s composition allows for a maximum 3-2 majority for either party, and Trump’s forthcoming nominations are expected to cement a Republican majority until at least 2026.
Vice President-elect J.D. Vance (R-OH) also made a rare appearance in the Senate to cast a vote against McFerran, further emphasizing the importance of the nomination battle. His presence signaled a strong Republican commitment to reclaiming control of the labor board.