White House Prods Senate Holdouts to End Stalemate Over DOL’s Su

White House officials are launching a final lobbying push to convince undecided senators to vote for Julie Su, President Joe Biden’s embattled labor secretary nominee.

Their message is clear: it’s time for lawmakers to take a public stance on Su—one way or the other—so that the Biden administration can move on, according to three people familiar with the strategy. The White House hasn’t said outright that Su’s nomination is in trouble, and reiterated its support during a press conference May 3.

But it’s likely a make-or-break moment for Biden’s first Cabinet replacement.

White House Chief of Staff Jeff Zients recently instructed senior-level White House officials—such as Domestic Policy Council Director Susan Rice, National Economic Council Director Lael Brainard, and Senior Adviser Gene Sperling—to get involved in the effort to clear Su’s nomination, according to an administration official familiar with the discussions. Zients has also told labor unions to deploy all their grassroots firepower, including state federations, to turn up the heat on lawmakers’ home turf. Celeste Drake, Biden’s top labor adviser, has also been working to gin up union participation.

“The indication is that the White House is not giving up,” said Celine McNicholas, a lobbyist for the left-leaning Economic Policy Institute.

Su’s nomination has stalled since clearing the Senate’s labor panel last month. It’s unclear whether Democrats have enough votes to win on the floor, with a handful of moderates remaining silent.

Business groups have assailed Su’s record as the top labor official in California, including her implementation of a Democratic-backed law regulating independent contractors and widespread unemployment fraud during the pandemic. Republicans also have political incentives—unrelated to Su personally—for blocking Biden’s first Cabinet-level replacement.

The app-based trade association Flex, which represents Uber Technologies Inc., Lyft Inc., and DoorDash Inc., on Monday announced its formal opposition to Su’s nomination. The group cited her past role enforcing independent contractor regulations as one of their main concerns.

Sen. Angus King (I-Maine) said in a brief interview that he has decided how to vote on Su’s nomination—but would not say what that decision is.

AFL-CIO President Liz Shuler, however, has told lawmakers she’s not worried about King, the administration official said.

Organized labor is more concerned about Arizona Sens. Kyrsten Sinema (I) and Mark Kelly (D), who have also remained noncommittal. The state’s Chamber of Commerce and Industry has urged them to vote no, while the AFL-CIO has been airing digital ads in Arizona and other states in support of Su.

Sen. Joe Manchin (D-W.Va.) has also deflected questions on his vote, but his recent record on Biden nominees raises concern for Su’s defenders. Manchin has opposed several Biden nominees this year, and vowed last week to vote against all of the president’s picks for the US Environmental Protection Agency.

The White House is “fully aware” of the AFL-CIO’s mobilization efforts around Su’s nomination, said Steve Smith, the union’s deputy public affairs director for politics and organizing. Much of it has been done without direction from the administration, he added.

Sinema, who rarely previews her votes, is up for reelection next year in a competitive seat. Kelly, while remaining noncommittal, has reiterated that he voted for Su as deputy secretary.

Sen. Jon Tester, a Democrat running for reelection in conservative Montana, has also stayed mostly silent on Su. He has said he met with her and discussed, among other things, the lower minimum wage for tipped jobs, which he supports.

Worker advocates are gun shy about Su’s chances after the Senate last year failed to confirm David Weil, Biden’s nominee for wage and hour enforcer at the US Department of Labor, McNicholas said.