Call to Action

On May 23, President Joe Biden nominated National Labor Relations Board Chair Lauren McFerran to serve a third term, threatening Democratic control of the Board through August 2026, regardless of who wins the presidency in November. McFerran’s tenure has been the subject of congressional hearings and oversight letters as well as numerous press reports and editorials highlighting the agency’s failures. 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 2024. Furthermore, both the U.S. House of Representatives and U.S. Senate passed a bipartisan Congressional Review Act resolution to nullify the rule. Nevertheless, the NLRB appealed the court’s decision. The Board has since abandoned its defense of the rule, but McFerran’s original decision to continue to defend the rule is deeply concerning. In addition, the Office of the Inspector General released multiple reports on the Board’s mail ballot election procedures under Chair McFerran’s leadership. The initial report found the Board guilty of “gross mismanagement” and a “lack of candor” that “created the risk of great reputational harm that could negatively impact the ability of the Agency to carry out [its] mission.” Furthermore, under McFerran the Board has revived controversial policies through its Representation-Case Procedures final rule, imposing unnecessary urgency on employers and leaving them susceptible to violations of their due process rights. Despite these concerns, Senate HELP Chairman Bernie Sanders proceeded to a markup of McFerran’s renomination without a formal confirmation hearing, allowing her record to go unquestioned by committee members. Her nomination is now pending a vote from the full U.S. Senate. On July 25, ABC and the ABC-led Coalition for a Democratic Workplace sent a letter to the HELP committee expressing concerns over McFerran’s nomination. ABC now encourages you to contact your senators and urge them to reject Lauren McFerran’s nomination should it come to the Senate floor for a vote.

Please find an example letter below to send to your US Senator's office.

September 23, 2024

RE: Oppose Lauren McFerran's Renomination to the NLRB
Dear Senator

As a member of Associated Builders and Contractors, a national construction industry trade association with 67 chapters representing more than 23,000 member companies, I write today to urge you to oppose Lauren McFerran’s renomination to serve a third term on the National Labor Relations Board should her nomination come up for a vote in the Senate. Under McFerran’s leadership, the NLRB has been riddled with radical interpretations of the National Labor Relations Act and decisions that have been rejected by the business community, Congress and federal courts alike. The Board’s joint employer standard would have drastically altered existing contractor and subcontractor relationships in the construction industry and caused confusion related to employer liability, insurance, bonding, employee benefits obligations and other concerns unique to the construction industry. Despite being nullified by a federal court and bipartisan passage of a Congressional Review Act resolution in both chambers, the NLRB challenged the court’s decision, finally abandoning its appeal just a few weeks ago. In addition, the Board under McFerran has revived the controversial Obama-era “ambush” election rule in the form of its Representation-Case Procedures final rule. The Board’s efforts to again reduce the amount of time between when a union files a representation petition and an election takes place imposes unnecessary urgency on employers, leaving them susceptible to violations of their due process rights, and deprives employees of the time needed to become fully informed before deciding whether or not to unionize. The rule infringes on the rights of employers and employees to a fair pre-election process, specifically harming small construction firms that typically do not employ legal counsel. McFerran’s tenure as chair of the NLRB has been characterized by the Office of the Inspector General as “gross mismanagement,” with a “lack of candor” that “created the risk of great reputational harm that could negatively impact the ability of the Agency to carry out [its] mission.” Further, Senate HELP Committee Chairman Sanders’ decision to proceed with a markup of McFerran’s renomination without a formal confirmation hearing ignores the concerns of multiple business groups and allows her record to go unchecked and unquestioned. I urge you to oppose her renomination to serve on the NLRB!

Sincerely,

(Name)
(Title)