Whoops! Donald Trump Admits He Doesn’t Know How to Fix Inflation

If McFerran was confirmed, a Democratic board would have been in place until late 2026, able to uphold the NLRB’s mission of protecting the right to form a union and enforcing labor law. The appointment would have also allowed for more pro-worker decisions and policies, and protected against right-wing attacks on unions and labor rights.

Sinema’s vote came out of nowhere, as she had missed every single Senate vote in the past week through Tuesday, suggesting she had specific ideas about this appointment. Manchin told reporters after the vote that he opposed McFerran’s nomination because she supports the “joint-employer rule,” which states that an entity can be considered a “joint-employer” of another company’s employees if it has or influences control over the employees’ wages, hours, and working conditions, even if it is not the main employer.

“This is not a surprise to anyone,” Manchin said. Both Manchin and Sinema have a history of opposing pro-labor and pro-worker bills, from the Build Back Better Act to raising the minimum wage. Now, in their last month in office, they’ve paved the way for the right wing under Trump to gut labor protections with a compliant NLRB.