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Mike Soboleski represents District 73 in the Maine House of Representatives.
In 1935, the National Labor Relations Board (NLRB) was founded as an independent agency responsible for protecting workers’ rights to organize and seek improvements in their working conditions. Additionally, the agency conducts union representation secret ballot elections and enforces these rights on behalf of workers. To me, it is a tragic reality that what started out as a worthy cause to safeguard employees’ rights has turned into a political weapon for expanding the power of union bosses.
As a state representative who serves on Maine Legislature’s Labor Committee and someone who has run for Congress, I know firsthand how imperative fair and transparent processes are in government. In Maine, we strive to keep our institutions strong so that decisions made within the halls of power reflect what is best for our citizens. Regrettably, these seem to me like distant principles in Washington right now.
In May, President Joe Biden renominated National Labor Relations Board Chair Lauren McFerran for a third term even though her current term does not end until December. This appears to be a move designed to keep control over the NLRB no matter what happens in November’s election. This tactic reflects a broader pattern I see where partisanship is infecting institutions that should remain neutral and unbiased.
McFerran’s tenure on the NLRB has been characterized by overtly partisan power grabs. Her record, according to a former board member, demonstrates how she puts union bosses’ demands ahead of employers’ rights or workers’ well-being. The most egregious example of this is the Cemex decision, which ignores long-standing Supreme Court precedent upholding secret ballot elections. This ruling, which allows union creation without an employee vote, denies employees their basic right to vote on whether they want union representation through private balloting — like people do when electing public officials such as presidents or governors. I believe that is neither fair nor balanced, nor does it serve American workers’ needs and best interests.
But there’s more: Under McFerran, the NLRB has been accused of mismanaging its affairs while advancing special interest groups’ political agendas rather than fulfilling its duties. Office of Inspector General reports even suggest that — during her tenure — the agency acted as a union ally in ways that were inappropriate and harmful to employees’ rights.
The nomination process ought to be more than just a rubber stamp; it should involve vigorous scrutiny by Congress of a nominee’s qualifications, track record, and vision for the future. This is especially important when filling positions at the NLRB, where decisions will affect workers from coast to coast and their employers. When the federal government falls short in this regard, it erodes public trust in our institutions and undermines democracy itself.
Our own Sen. Angus King has a chance to show just how much he cares about the principles we hold dear by voting against McFerran’s nomination when it comes up for a vote when Congress reconvenes in September. By doing this, I believe he would be able to prove that he can resist Washington’s temptations and put his constituents’ needs first before party politics.
No position is too important for careful consideration, including a member of the NLRB. Its rulings affect millions of Americans, so whoever occupies that position must not only have the right qualifications but also possess fairness and equity toward workplaces. We should encourage Sen. King to demand a nomination process that is open, exhaustive, and independent from any form of manipulation whatsoever; anything less than that will be unfair to all Americans.
