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Manchin, Sinema prevent Democrats from locking in majority on labor board through 2026

WASHINGTON (AP) 鈥 Senate Democrats failed Wednesday to confirm a Democratic member of the National Labor Relations Board after independent Sens.
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FILE鈥擲en. Joe Manchin, D-W.Va., speaks to reporters at the Capitol in Washington, Thursday, Sept. 30, 2021. Manchin will deliver his final speech on the floor of the Senate today, Tuesday, Dec. 3, 2024. (AP Photo/J. Scott Applewhite, File)

WASHINGTON (AP) 鈥 Senate Democrats failed Wednesday to confirm a Democratic member of the after independent Sens. and opposed the nomination, thwarting their hopes of locking in a majority at the federal agency for the first two years of President-elect Donald Trump's term.

A vote to move ahead with the nomination of Lauren McFarren, who currently chairs the NLRB, failed 49-50. Had she been confirmed to another five-year term, it would have cemented a Democratic majority on the agency's board for the first two years of the incoming Trump administration. Now, Trump will likely be able to nominate McFarren's replacement.

The NLRB oversees labor disputes, supervises union elections and has the power to investigate . The partisan breakdown of the NLRB鈥檚 leadership is fiercely contested by businesses and labor groups, as the majority on the board sets the agenda and determines how readily the agency uses its power to investigate and enforce labor laws.

鈥淚t is deeply disappointing, a direct attack on working people, and incredibly troubling that this highly qualified nominee 鈥 with a proven track record of protecting worker rights 鈥 did not have the votes," Senate Majority Leader Chuck Schumer, D-N.Y., said in a statement.

The rejection of McFarren was yet another blow to Senate Democrats and President Joe Biden from Manchin and Sinema, who served as major brakes 鈥 and at times outright obstacles 鈥 to much of their legislative agenda the first two years of Biden's term.

Manchin left the Democratic Party in May, while Sinema withdrew from the party in 2022. Both chose not to run for another Senate term and will be leaving the Congress in January.

Some congressional Republicans praised Manchin and Sinema for preventing the confirmation.

鈥淭his NLRB seat should be filled by President Trump and the new incoming Senate. Not a historically unpopular president and a Senate Democrat Majority that has lost its mandate to govern,鈥 Sen. Bill Cassidy of Louisiana, said in a statement after the vote.

鈥淏ig Labor knows the days of having the federal government do its bidding are numbered,鈥 Rep. Virginia Foxx, R-N.C., wrote in a statement. Foxx, who chairs the House Committee on Education and the Workforce, said that the incoming Trump administration would focus on 鈥渆nacting a truly pro-worker agenda.鈥

Business groups also praised the rejection of McFarren. Kristen Swearingen, a vice president at Associated Builders and Contractors, a trade group, called McFarren's policies 鈥渉armful鈥 and said the process to nominate her was 鈥渇lawed.鈥

鈥淯nder McFerran鈥檚 leadership, the NLRB has issued decisions and expanded interpretations of the National Labor Relations Act that have been rejected by the business community, Congress and federal courts," argued Swearingen.

Labor unions decried the vote. Liz Shuler, president of the AFL-CIO, the nation's largest consortium of labor unions, said the senators who rejected McFarren's nomination 鈥渧oted against the working people of this country鈥 and warned that the incoming Trump administration would direct the NLRB to side with management over workers.

鈥淢ake no mistake: This vote had nothing to do with stopping Chair McFerran鈥檚 renomination and everything to do with reversing generations of progress workers have made toward building a fairer and more just economy," Shuler said.

Democratic lawmakers, like Schumer, took a dim view of the vote. Some directed their anger directly at Manchin and Sinema.

鈥淪hortchanging workers is a bad way to leave,鈥 Rep. Mark Pocan, D-Wis., .

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Matt Brown, The Associated Press

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