Chuck Schumer is trying to sneakily lock in a Democratic majority on the National Labor Relations Board by reconfirming chair Lauren McFerran for another five-year term.

Traditionally, the chairs of all the so-called independent agencies resign when a new president takes office, allowing the president to appoint a chair of his own party. Not this time, if the Democratic plan succeeds:

National Labor Relations Board Chair Lauren McFerran said she would “of course” continue to serve at the agency if confirmed to a third term by the Senate, as shifts under an incoming Trump administration loom.

“While that decision is out of my hands at this point, I’m a public servant and would, of course, continue to serve if that is what I’m called to do,” she told Bloomberg Law.

The NLRB under McFerran has been a nightmare for small and large employers. She led Biden’s war on franchising, tried to ban employers from holding meetings to make the case against unionization, and tried to force companies to accept “card check” organizing without secret ballot elections. She even tried to censor Elon Musk, ordering this tweet taken down:

Most of her handiwork was stopped by the courts. For now, at least.

If Schumer’s gambit succeeds, Trump should immediately fire McFerran. This will go to the courts where we are confident Trump – as head of the Executive Branch – will prevail.