Published
November 14, 2024
President Biden's nomination of Lauren McFerran for another term on the National Labor Relations Board (NLRB) raises significant concerns that should not be overlooked.
Under McFerran's leadership, the NLRB has been embroiled in numerous contentious decisions and legal challenges that have drained agency resources and overturned established legal precedents.
Her tenure has also been characterized by decisions that have been struck down by courts, including the joint employer rule, which ignored other court rulings.
McFerran's NLRB has been criticized for:
- Allowing workplace behavior that disregards Civil Rights Law.
- Imposing impossible-to-interpret standards on employee handbooks.
- Restricting employer free speech.
- Undermining secret ballot elections through the Cemex decision.
- Controversial decisions on defining independent contractors.
Lack of Accountability
Moreover, the NLRB's Inspector General found serious misconduct in election processes, with attempts to cover up these actions, yet no disciplinary measures have been taken. These issues highlight a pattern of mismanagement and disregard for statutory mandates, raising questions about McFerran's suitability for another term.
Bottom Line
The decision is clear. Uphold the integrity of the NLRB by ensuring its leadership is accountable and aligned with its mission.
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About the authors
Glenn Spencer
Spencer oversees the Chamber’s work on immigration, retirement security, traditional labor relations, human trafficking, wage hour and worker safety issues, EEOC matters, and state labor and employment law.
