President-elect Donald Trump is expected to install new leadership at the Department of Labor that will be significantly more hostile to unions than President Joe Biden's administration has been.
However, labor and employment law firm Jackson Lewis has posted an analysis showing that Democrats in the United States Senate right now could do something to protect unions from the full brunt of MAGA wrath — if they get to work quickly.
In particular, the firm notes that the Senate still has not confirmed National Labor Relations Board Chair Lauren McFerran for another term, even though Biden nominated her for one this past June.
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"If McFerran is confirmed for a third term, the Board will maintain a Democratic majority until at least August 2026, when Member David Prouty’s term expires," Jackson Lewis wrote.
"This extended majority could lead to the continuation and expansion of pro-labor policies and decisions. But if the nominees are not confirmed by the Senate prior to Trump taking office, they will likely be filled by Trump appointees and the Board will return to a Republican majority."
Trump during the campaign courted union voters heavily, despite the fact that many observers expect a second Trump administration to be overtly hostile to organized labor.
The Biden NLRB has made it easier to organize unions than in years past and Biden administration officials such as Federal Trade Commission Chairwoman Lina Khan have enacted pro-worker policies such as the banning of noncompete clauses in employment contracts.