Posts tagged Lauren McFerran

Higher Ed Unionization Boomed Under Biden. Will That Change Under Trump?
December 8, 2024 // That National Center for the Study of Collective Bargaining in Higher Education and the Professions study noted that the ranks of union-represented grad workers especially grew in the past few years, increasing by 64,000 between 2021 and 2023. That was nearly triple the uptick over the previous eight years. And, according to National Labor Relations Board data released in October, the number of new undergraduate student unions representing housing and dining facility workers outpaced grad worker teaching and research assistant union formation since April 2023. But Donald Trump’s election and Republicans’ recapture of control of Congress could cast a pall over higher ed labor’s progress—or even undo it.

Opinion: An Anti-Worker Warrior at the NLRB
December 2, 2024 // The window for Democratic nominations will close when Republicans run the Senate in January, and Majority Leader Chuck Schumer isn’t sparing any time. “Confirming the NLRB nominees is one of our highest priorities,” he said last weekend on X, committing to a vote by the end of the year. The goal is to reconfirm Lauren McFerran, the board’s current chairman and a reliable vote for union coercion.
NLRB Seeks to Cancel Debate on Unionization
November 15, 2024 // Dissenting Board Member Marvin Kaplan, however, points out that the NLRA “favor[s] uninhibited, robust, and wide-open debate in labor disputes,” and the Supreme Court, Congress, and the Board have all recognized the legality of employer speech rights during organizing campaigns, including the use of captive audience meetings. Kaplan highlights that past efforts by the Board to restrict non-coercive speech by employers have routinely failed.
Democrats make last stand for unions ahead of Trump administration
November 15, 2024 // In a final push to bolster union rights ahead of a Trump presidency, the National Labor Relations Board on Wednesday banned employers nationwide from forcing workers to attend antiunion meetings. Separately, Democrats are also deploying a last-ditch effort to try to get the Senate to reconfirm NLRB Chair Lauren McFerran in the last December session, allowing the agency to maintain a Democratic majority and continue its labor-friendly rulings into the next Trump administration.
Chair Foxx Demands Answers on Biden, Harris Use of Taxpayer Dollars to Boost Government Unions’ Priorities
October 9, 2024 // The total compensation paid to DOL, NLRB, and EEOC employees to negotiate collective bargaining agreements or to work with federal labor unions; Travel and lodging expenses paid or reimbursed to DOL, NLRB, and EEOC employees and union staff in order to negotiate collective bargaining agreements; Expenses paid for retaining experts, factfinders, mediators, and arbitrators relating to collective bargaining agreements or disputes; Cost of administrative support and purchasing supplies—including acquiring technology—to administer collectively bargained agreements; The fair market value of space controlled by the federal agencies provided to labor unions; Expenses paid for “official time;” The number of hours DOL, NLRB, and EEOC employees spend on official time, as well as the number of employees who use official time—particularly those who spend more than 50 percent of their hours on official time; and Penalties levied related to collective bargaining with labor unions, including but not limited to arbitration awards or monetary settlements provided to workers or unions because of unfair labor practices related to collective bargaining.
Senate Recesses without Vote on Controversial NLRB Nominee
October 1, 2024 // The U.S. Senate left Washington, DC, on September 27 without having voted on the controversial nomination of Lauren McFerran to serve another term as Chair of the National Labor Relations Board (NLRB). Employment Policy Network has posted several times on McFerran’s inappropriate nomination and tenure leading the NLRB, including the lack of a confirmation hearing on her nomination and a Wall Street Journal op-ed condemning McFerran’s legacy. McFerran’s tenure on the Board has included severe criticisms from federal courts, its own Office of the Inspector General, and Congress. Many of the most egregious condemnations are listed below.

Interview: Independent Contractors and Union Reforms, How @VinnieVernuccio Champions Worker Choice
September 12, 2024 // Unions are stuck in this turn of the last century industrial revolution, a one-size-fits-all adversarial business model that most workers today don't want. I do see a place for unions if they embrace a voluntary business model and become like professional service organizations. Unfortunately, they're not there. If you're under a union contract, you're stuck with the wages, the benefits, the vacations, [and] the hours they negotiate for you. It's actually impossible for the employer to unilaterally say, “you're doing a great job, I'm going to give you a raise,” or “I'm going to give you a bonus,” or, “hey, you want more vacation for a little less money?”
NLRB Chair Sows Discord, Disruption for Workers & Businesses
September 11, 2024 // Under her leadership the actions of the NLRB have created an unlevel playing field filled with procedural landmines that undermine historical commonsense policies for the workplace that work for employees and employers. She has allowed increasingly aggressive, untenable, and at times unlawful positions on many significant issues that have only increased uncertainty in the workplace and litigation in the courts, making retail business operations more difficult for workers and the communities they serve.

The NLRB’s Orwellian ‘Fair Choice – Employee Final Voice Rule’
July 31, 2024 // McFerran’s term expires at the end of the year. The Biden administration has renominated her, and Senate Democrats on the Health, Education Labor and Pensions committee are attempting to fast-track her approval. Extending her term would ensure Democrats retain a functioning majority on the quasi-independent board until at least 2026, and possibly until 2028, even if likely presidential nominee Kamala Harris should lose in the fall. As much as unions and their allies talk about giving workers a voice, they usually oppose workers having the right to hold their unions to account.

Lawmakers Should Not Let a Lame Duck Pack the NLRB
July 28, 2024 // For instance, on her watch, Chair McFerran has allowed workplace discrimination to be weaponized for pro-union activities. This decision has subjected workers to traumatizing harassment, while simultaneously barring employers from intervening. According to a report by the Institute for the American Worker, McFerran’s NLRB has used Section 7 of the National Labor Relations Act (NLRA) to excuse “racist rhetoric, sexist harassment, and vulgarity in the workplace, as long as it takes place in the context of ‘union activity.’”