NLRB nomination process should not be rushed

If the recent midterm elections were a statement on Barack Obama’s presidency, the American people certainly made it clearly. Now, with Republicans set to rule both chambers of Congress, all eyes are on Obama, who has officially been dubbed a lame-duck president. 

Rather than use the remainder of his time in office to find common ground with Republicans or work to rebuild his own party, however, Obama has taken a familiar page from his presidential playbook, blazing forward with the same divisiveness that has typified his presidency. 

{mosads}In the months ahead, the Obama administration’s politicized last-ditch efforts will come to characterize the conclusion of the president’s legacy, while duly appeasing the Democratic Party’s donor base. Recently, we’ve begun to witness such efforts take form, as evidenced by the president’s attempts to jam key administration nominations through the lame-duck Senate. 

One of the most flagrant examples is the president’s attempt to push through his current nominee to the National Labor Relations Board, the federal agency tasked with overseeing America’s uber-powerful unions. Immediately following the president’s nomination of Lauren McFerran earlier this month, SEIU president Mary Kay Henry called her an “impressive candidate” with “a robust background in labor relations law and an excellent reputation for her professional work on the Hill.” 

It’s not surprising one of the country’s largest and most vocal unions was so quick to extol McFerran’s qualifications and call for her swift confirmation. Indeed,  McFerran and Big Labor are tried-and-true friends. Her pro-union activism on Capitol Hill, where she has served in several capacities, most recently as chief labor counsel for the Senate Health, Education, Labor, & Pensions Committee, is well-documented. And before joining the Senate, McFerran worked as a lawyer representing labor unions in private practice. 

Big Labor has certainly masterminded many of  Obama’s NLRB nominees, including the highly controversial Sharon Block, whose nomination he withdrew for a second time just last week. After Richard Griffin’s nomination was met with resounding dissent,  Obama appointed Griffin as NLRB’s chief enforcement officer, a role in which he has dutifully carried out a number of contentious initiatives, much to the satisfaction of his boss and the Democrats’ union backers. 

McFerran’s nomination is troubling; especially in light of the realization that she, most likely, would not be confirmed by the incoming Senate Republican majority.  Because of that, Ms. McFerran was chosen with a very strategic purpose of coasting through the currently-held Democratic-led confirmation process.   Rumor has it that McFerran, a Democratic Senate staffer, has already begun making her rounds in the rotunda, working to drum up support for a quick confirmation that flies under the radar. 

There is no question that Lauren McFerran maintains a cozy relationship with labor advocates.  This raises serious concerns about her ability to be impartial as she serves on the board of the “independent” NLRB. Like so many federal agencies, the NLRB has become yet another extension of the president’s activist policymaking that cannot go unchecked any longer. The Senate must put McFerran through the same comprehensive confirmation process every senior federal nominee undergoes. 

Critics, including Patrick Semmens of the National Right to Work Legal Foundation, have been rightfully outspoken about the alarming precedent the president’s nomination would set. Semmens underscored the need to have a “thorough vetting” when “newly elected Senators can take part in the process.” Considering the millions of Americans who stand to be affected by the NLRB’s rulemaking under activists like Ms. McFerran, there is simply too much at stake to play politics with any government appointment, let alone with a position of such significance.   

The least the president could do – in response to the American electorate’s crystal clear message – is to hold off on this nomination until the next Senate is seated and can properly review McFerran’s nomination. 

Lee is the senior vice president of Legal and Public Affairs at the Center for Individual Freedom in Alexandria, Va..