Schumer's race to protect NLRB majority from Trump

• It has broad discretion to referee disputes between employers of workers across the economy, from Amazon to Starbucks.
• Democrats have an opportunity to lock in a 3-2 majority, but only if they can find 50 votes to extend Lauren McFerran's tenure.
• Schumer filed cloture on Monday on another five-year term for McFerran, setting up a procedural vote on Wednesday.

Schumer has two paths to win confirmation:

• He'll need GOP absences or defections, or assurances from either Sens. Joe Manchin (I-W.Va.) or Kyrsten Sinema (I-Ariz.) that their concerns about the NLRB have been addressed. Those two haven't indicated how they'll vote.

Driving the news: Senate Democrats and independent Sen. Bernie Sanders —have privately pressed Schumer to ensure a Democratic majority until August 2026, when vacancies will give Republicans a shot to have their own 3-2 advantage.

• With two weeks left in session, time is running out, raising concerns in the labor movement that the vote isn't a top priority for Schumer.
• Without reconfirmation, the board will likely tip in favor of Republicans early next year when Trump starts filling open seats after his inauguration. McFerran's term expires next week.

What we're watching: No one seems to know if Manchin is still as angry with the NLRB when he voted against the last Democratic nominee in September 2023.

• But his staff isn't giving Schumer any reason to be optimistic.
• In that 2023 vote, Democrat Gwynne Wilcox relied on the votes of the two Alaska senators, Lisa Murkowski and Dan Sullivan, to win confirmation.
• Another x-factor is Sinema's attendance. She didn't vote last week.

The bottom line: Schumer has been focusing on confirming federal judges to lifetime positions before Democrats hand over the majority to Republicans next year.

• While judges wear their robes for life, there are nearly 1,500 of them.
• There are five seats on the NLRB.