Sinema Finally Shows Up to Work to Deal One Last Blow to Labor Rights

Senator Kyrsten Sinema briefly showed up for work Wednesday to tank a Democratic nominee to the National Labor Relations Board, using her last days in office to hurt workers’ rights before Donald Trump is sworn in as president.

Sinema was joined by fellow departing Democrat turned independent Senator Joe Manchin in voting against Democrat Lauren McFerran’s appointment to a third term as chair of the board, resulting in a 49–50 vote. Two of the NLRB’s five members are Republicans, and two are Democrats, and its chairperson is chosen by the sitting president and breaks partisan ties.

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.

“It is deeply disappointing, a direct attack on working people, and incredibly troubling that this highly qualified nominee—with a proven track record of protecting worker rights—did not have the votes,” said Senate Majority Leader Chuck Schumer.