United States Senate blocks Lauren McFerran confirmation for third term as National Labor Relations Board chair; senators vote 50-49 against extending her leadership through 2026

WASHINGTON, Dec. 11—Associated Builders and Contractors today issued the following statement applauding the U.S. Senate for voting down the confirmation of Lauren McFerran to a third term as chair of the National Labor Relations Board, 50-49.

“McFerran’s tenure has been the subject of multiple congressional hearings, oversight investigations and press reports highlighting the NLRB’s failures,” said Kristen Swearingen, ABC vice president of legislative & political affairs. “Under McFerran’s 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. Specifically, the Board’s joint employer standard, which would have drastically altered existing contractor and subcontractor relationships in the construction industry, was nullified by the U.S. District Court for the Eastern District of Texas in March.

“President Joe Biden nominated NLRB Chair Lauren McFerran to serve a third term in May, and this move threatened Democratic control of the Board through August 2026, regardless of who wins the presidency in November,” said Swearingen. “Now, that will not happen because, thankfully, Senate Republicans and Democrats recognized her policies are harmful and that the confirmation process was flawed.”