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Floor Speech

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Mr. CASSIDY. Mr. President, today, the HELP Committee held an off- the-floor markup to consider three Biden-Harris labor nominees, including a new term for current National Labor Relations Board, or NLRB, Chair Lauren McFerran. Chair Sanders directed this vote to take place without a public hearing or an opportunity to hear from the nominees directly.

Ms. McFerran has served as a member of the NLRB since 2014, and President Biden picked her as Chair in 2021. It has been 10 years since Ms. McFerran has testified before the HELP Committee.

Since the HELP majority decided to skip a hearing to prevent an examination of Ms. McFerran's troubling record, I am speaking about her nomination on the Senate floor.

When multiple Board seats are vacant, the Senate's longstanding practice is to fill Democrat and Republican vacancies on important, bipartisan Boards and Commissions in tandem, but last September, Democrats reconfirmed Gwynne Wilcox, a Democrat nominee, without a Republican counterpart even though there were multiple vacant seats. The Senate should have considered Joshua Ditelberg as a pairing with Wilcox, not with Ms. McFerran. It is bad faith that the majority would represent these nominations as a pairing to justify this process.

As to the substance of Ms. McFerran's nomination, the NLRB is required by Federal law to act as a neutral party in labor disputes between employees and employers, not favoring one party over the other, but under Ms. McFerran's leadership, the Board has weaponized its authority on behalf of Democrats' labor union supporters at the expense of workers.

For example, the Board has overturned 50 years of NLRB precedent by renewing card check during union elections, which exposes workers to intimidation tactics; condensed the time for union elections down to as little as 3 weeks after a petition is filed, depriving employees of a fair chance to hear from both sides and to make an informed decision about whether to unionize; and implemented new, burdensome regulations preventing workers from leaving their union if the union has become ineffective or too costly. It has prevented employers from disciplining employees on the picket line who use racist and hostile language against other employees and managers. The NLRB deems using racist and hostile language as ``protected concerted activity.''

The weaponization of NLRB under Ms. McFerran's leadership is deeply troubling. Her clear bias against employers' and workers' rights deserves accountability.

Republican members of the HELP Committee have repeatedly called on the chair to hold a public hearing to discuss these concerns directly with her. It is unacceptable that they will be denied this opportunity.

Nomination hearings are not just checking a box; they are a crucial part of Congress's responsibility to review nominees. Every Senator uses information revealed in hearings to decide how he or she will vote on the flo or. Unfortunately, shielding Democrat nominees from scrutiny has been the norm of the HELP Committee under Chair Sanders.

Earlier this year, the chair decided to hold a closed-door committee vote on the renomination of Julie Su for Secretary of Labor. Since Ms. Su's first nomination attempt failed last year, concerns over her leadership of DOL have grown. HELP Committee members should have been able to raise these concerns with Ms. Su directly. Unfortunately, the chair blocked the public hearing from taking place.

Congress has a responsibility to rein in the executive branch and hold it accountable to the people and their elected representatives.

Last month, I introduced legislation requiring each Federal nominee to testify before the committee of jurisdiction prior to Senate confirmation. This bill should not be controversial to anyone. Frankly, it should be the standard.

The chair's refusal to have public hearings on important nominees is unacceptable. It undermines the committee's constitutional duty to advise and consent on Presidential nominees. The President and his nominees are not above accountability.

Given the serious concerns over Ms. McFerran's leadership and lack of accountability in the nomination process, I voted no on her nomination.

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