President Biden joined workers' advocates at the U.S. Labor Department this week to designate a new national monument in honor of FDR's long-serving labor secretary, Frances Perkins, who famously established the minimum wage, the 40-hour work week, a ban on child labor, and myriad other protections.
The gathering was also a chance for the labor community to celebrate another one of their fierce advocates: Biden's acting secretary of labor, Julie Su.
"[She] has led the Department of Labor in a way that Secretary Perkins would be damn proud of," said AFL-CIO president Liz Shuler in her introduction to Su. "She has taken the fight to anyone who tries to exploit working people. She has stood with our unions. She has turned DOL into a true house of labor."
And yet, Su's legacy will likely be marked with an asterisk. For despite all the labor wins that the Biden administration can claim, getting Su confirmed as labor secretary isn't among them.
"It should have happened two years ago," said Shuler in an interview, adding that Su, like her predecessor Perkins, is somewhat of an unsung hero.
"That's often how women leaders end up in our history books — that their work is often behind the scenes. It's not recognized and appreciated like it should be."
But even now, as the Biden era draws to a close, Su's staunchest supporters on Capitol Hill haven't given up.
"I'm doing everything I can to get Julie Su confirmed as Secretary of Labor before President Biden leaves office," Illinois Sen. Tammy Duckworth wrote in a statement to NPR. "It would represent long overdue recognition of the incredible work she's done for years — without the title she so obviously deserves."
A long wait for confirmation
Although Su was confirmed as deputy labor secretary along party lines in 2021, several senators who supported Su then were not on board with her leading the Labor Department upon the departure of Marty Walsh, who was viewed as more moderate, in early 2023.
By July of that year, Republicans began pointing out the irony.
"Julie Su has now waited longer for confirmation by a senate of the same party as the president than any previous cabinet nominee on record," said Senate Republican Leader Mitch McConnell in floor remarks.
It didn't appear to matter to Su. As acting secretary, she led the department through an ambitious agenda of rulemaking and enforcement, all while engaging in a series of high-profile labor fights — on behalf of autoworkers, healthcare workers, flight attendants and longshoremen.
"Secretary of Labor Julie Su has been terrific," Harold Daggett, the president of the International Longshoremen's Association, said on Fox News during the East Coast dockworkers' strike in October. "She's knocking down doors. She's trying to stop this. She's trying to get us to ... where we can have fair negotiations."
Daggett called off the strike two days later, after the two sides reached a deal on wages that gave dockworkers a 62% pay increase over six years.
In an interview this week, Su said the lack of a confirmation vote did not hold her back. Under her leadership, the Labor Department has collected over $1 billion for workers who experienced wage theft and issued new rules protecting farm workers and miners. On January 13, another rule requiring construction companies to provide safety equipment that properly fits workers is set to take effect.
"For construction workers who are women, that's going to help save their lives," says Su.
A last-minute confirmation push
Still, Su's lack of confirmation has given Republicans an opportunity to hassle her about it on an ongoing basis, as Biden and Republican officials have clashed over a federal law that generally limits how long an official can serve in an acting capacity.
"You are now the longest serving acting secretary since before the U.S. Civil War — a record that was best left unbroken," said Rep. Virginia Foxx of North Carolina when Su testified before the House Committee on Education and the Workforce on May 1.
Missouri Rep. Eric Burlison chose sharper words, calling Su an "illegitimate secretary," while Rep. Kevin Kiley of California called on her to resign.
"This has gotten ridiculous. You've shattered all records as an unconfirmed nominee clinging to power," said Kiley. "I think every reasonable person looking at this knows that it's wrong."
The comments piqued Su's allies on Capitol Hill, including Duckworth and Sen. Mazie Hirono of Hawaii. In recent weeks, they've been trying to drum up the votes for her confirmation.
Just last week, the Senate voted down the reconfirmation of Lauren McFerran, the Democratic chair of the National Labor Relations Board, essentially ensuring that President-elect Donald Trump will have a Republican majority on the five-member board soon after he takes office. Independent Sens. Joe Manchin and Kyrsten Sinema joined Republicans in voting no.
But in her statement to NPR, Duckworth indicated that she had secured 50 votes for Su, writing "it would be a shame if the Senate failed to confirm her now that we have the votes."
If that's the case, the challenge now is getting floor time for a vote — actually, at least two votes. Senate Majority Leader Chuck Schumer would need to schedule a procedural vote and allow time for debate before a confirmation vote could be held. Schumer's office has not responded to questions about whether he plans to do that.
The Senate is scheduled to adjourn on Dec. 20, with a new Senate sworn in early next year.
What's next for the Labor Department
Of greater concern to Su at the moment is what comes next for the Labor Department. A federal rule aimed at protecting workers from excessive heat remains open for public comment. Su doubts the rule will be finished under the next administration.
"It's unconscionable. Workers are dying in construction, in farm work, also in indoor jobs because it's too hot," she says. "Totally preventable."
Su says she has exchanged messages with Trump's nominee to succeed her at the Labor Department, Lori Chavez-DeRemer, a congresswoman from Oregon who lost her reelection bid last month.
Although much has been made of Chavez-DeRemer's support for the PRO Act, a bill aimed at making it easier for workers to unionize, it's unclear where she stands on many other policies prioritized by the Biden administration, including expanding overtime protections to millions more workers and limiting who can be classified as an independent contractor.
If confirmed, Chavez-DeRemer will be serving a president who has been hostile toward unions and who campaigned on a promise of cutting regulations — even as he gained the support of large swaths of working-class voters and union members with promises of prosperity.
Su is also keeping those people in mind.
"Our hope is that for the things that we were able to get done, that they're able to last so that working people feel the benefits. And for the things we weren't able to get done, that the [Trump] administration does build on that foundation," she says.
"We're going to see how much the stated commitment to workers is really true."
Copyright 2024 NPR
