Labor Secretary’s Nomination Returned to White House

The U.S. Senate sent Acting Labor Secretary Julie Su's nomination back to the White House on Dec. 20 after she didn't receive enough support to be confirmed this year. Su was confirmed as deputy secretary in July 2021 and became acting secretary in March when former Labor Secretary Marty Walsh departed.

"We need a qualified secretary of labor who can impartially enforce the law, properly manage a department, and refrain from partisan activism," Rep. Bill Cassidy, R-La., said in a statement. "Ms. Su failed to show her ability to do any of those three things."

Heading for Nomination Again

Julie Su will be tapped again in the new year to serve as secretary of labor after the Senate sent her nomination back to President Joe Biden. Su failed to garner enough support in the Senate after more than 280 days. She was among several dozen unconfirmed nominees returned to the president as the Senate finished its business for the year.

(Bloomberg)

Range of Unconfirmed Roles

The Senate sent more than 50 nominations back to the White House. Those nominees will have to be resubmitted by the president and begin the Senate confirmation process anew, since the chamber didn't approve them within the calendar year. The positions range from Cabinet-level posts like Su's to appeals court judicial nominees and ambassadors.

(Politico)

Succession Rule

Su automatically became acting secretary under a Labor Department-specific statute, not under the Federal Vacancies Reform Act. As a result, Su is not subject to the time limits of the Federal Vacancies Reform Act, and she can serve as acting secretary indefinitely, according to the White House.

That didn't sit well with Republicans, who vowed to fight her continued acting status and threatened lawsuits over any actions she took. But Democrats have embraced Su during the confirmation saga, which is now in its 10th month.

(Washington Examiner)

GAO Opinion

The U.S. Government Accountability Office (GAO) on Sept. 21 concluded that Julie Su can continue serving as acting secretary. The GAO agreed with the Biden administration's argument that the Federal Vacancies Reform Act didn't apply.

The DOL can continue legally issuing regulations and enforcing labor laws under Su's leadership.

(SHRM Online)

Lawmakers Disagree on Su's Leadership

At a contentious hearing on June 7, members of the U.S. House Committee on Education and the Workforce were split along partisan lines, with Republicans criticizing Su's record and Democrats praising her leadership.

Su defended her record on combating child labor violations and emphasized the DOL's recent efforts to expand registered apprenticeships and training programs for workers to meet employers' needs for certain skills, especially in the construction, manufacturing and cybersecurity industries.

Rep. Virgina Foxx, R-N.C., lamented what she deemed Su's favoritism toward unions. Rep. Lisa McClain, R-Mich., said Su has shown a disdain for businesses.

At a confirmation hearing on April 20, Democratic senators praised Su's qualifications and her willingness to protect workers.

"It was clear to me she was just the person we needed to fight on behalf of working families across the country to build a better, stronger economy," Sen. Patty Murray, D-Wash., said in a statement. U.S. Sen. Tim Kaine, D-Va., touted Su's record on job creation and expanding job training.

Republican senators criticized Su, saying she's biased against employers, especially on the issue of classifying gig workers as employees rather than independent contractors.

(SHRM Online and SHRM Online)