Earlier this year, APCA sent a letter to the Senate Committee on Health, Education, Labor, and Pensions, urging them to carefully review McFerran's policy shortfalls and their troubling implications for the business community. Our message was clear: "Under McFerran’s leadership, the Board’s activity has been the subject of an Office of the Inspector General report finding gross mismanagement and a lack of candor; condemnation in court opinions; Congressional hearings and oversight letters; bipartisan and bicameral rejection of Board rules; and numerous press reports and editorials highlighting the agency’s failures." 

The Biden administration's push for her renomination, including denying the Senate a formal hearing, was a flagrant attempt to cement Democratic control of the Board through 2026, clearly prioritizing partisan interests over precedent. Her rulings, which included the redefinition of joint employer standards and the promotion of coercive card-check unionization methods, eroded legal clarity and jeopardized long-standing business models. Moving forward, we urge the NLRB to distance itself from McFerran's divisive policies and instead focus on restoring fairness and legality to American labor relations. 

"When an institution tasked with enforcing fair labor relations fails to demonstrate fairness within its own operations, it loses the public's trust. Labor policy should reflect the values of hard work and free enterprise and not be used as a tool for partisan gain," APCA President Roy Weaver said. "The Senate's decision will allow the incoming administration to restore the Board's reputation and align its policies with the values that make our economy strong."

APCA remains committed to supporting policies that uphold our industry values and support economic growth. We urge the incoming Trump administration to nominate leaders who prioritize legal consistency and the interests of all stakeholders rather than advancing partisan agendas.