Reconfirming McFerran would have locked in a Democratic advantage on the NLRB. Her term is up next week.
Including McFerran, the board sits at three Democrats and one Republican, with one GOP vacancy.
Trump and Republicans will now have the ability to confirm two nominees to the board, giving them a one-seat advantage at that time.
The news will have major repercussions for big business and labor unions, as the board has a major say in settling disputes between those two parties.
“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,” Senate Majority Leader Chuck Schumer (D-N.Y.) said.
The Hill's Al Weaver has the story here.