WASHINGTON, D.C. (Dec. 10, 2024) – The National Federation of Independent Business (NFIB), the nation’s leading small business advocacy organization, announced a Key Vote in opposition to Lauren McFerran’s renomination to the National Labor Relations Board (NLRB).

“In her time serving as Chair of the NLRB, Lauren McFerran has failed to be an impartial arbiter of labor disputes as required under federal law,” said Adam Temple, NFIB Senior Vice President for Advocacy. “Instead, she has consistently tipped the scales in favor of organized labor over the interests of small business owners through decisions and regulations that increase red tape, compliance costs, and uncertainty for Main Street. We ask Senators to consider the input of small businesses, review the decisions made under Ms. McFerran’s leadership that have been detrimental to workers and small businesses alike, and oppose her renomination.”

The letter states: “For example, according to a recent NFIB member ballot, 89% of NFIB members believe that a business should not be responsible for the hiring practices of a subcontractor. Yet, Ms. McFerran’s NLRB finalized their 2023 Joint Employer Rule that rescinds a 2020 simplified joint employer standard and strips autonomy from franchisees, opening small business owners up to litigation based on their subcontractor’s labor practices. Fortunately, a federal court struck down the NLRB’s Joint Employer Rule citing that it is “arbitrary and capricious,” and “contrary to law.”

“Additionally, 95% of NFIB members believe that businesses should be able to hire independent contractors to perform tasks essential to their businesses. Unfortunately, Ms. McFerran supported the NLRB’s 2022 The Atlanta Opera, Inc. decision that implements an arbitrary and complicated independent contractor test.

“Lastly, 79% of NFIB members believe employers should not be required to recognize unions by the way of signed authorization cards. Unfortunately, Ms. McFerran supported the NLRB’s 2024 decision in Cemex Construction Materials Pacific, LLC v. NLRB that erodes the process for secret ballot elections in unionization proceedings and makes it easier for the NLRB to order an employer to recognize and bargain with a union through signed authorization cards even if the union lost a NLRB-supervised secret ballot election.”

Read the full letter here.