Julie Su’s DOL bid renewed; confirmation doubtful

February 28, 2024

Mark Schremmer

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Julie Su’s bid to become U.S. Secretary of Labor was renewed as a Senate committee advanced her nomination for a second time on Tuesday, Feb. 27.

The Senate Health, Education, Labor and Pensions Committee voted 11-10 along party lines in an executive session meeting. The Senate HELP Committee also advanced Su’s nomination with the same vote last April.

Tuesday’s vote means that Su’s nomination will again advance to the full Senate. However, the chances for confirmation appear slim.

Su, a former California Labor Commissioner, is largely opposed by the trucking industry, including the Owner-Operator Independent Drivers Association, for her role in the implementation of the controversial worker classification law Assembly Bill 5.

“As we’ve communicated to the White House and the U.S. Senate since her nomination was first announced, Julie Su’s record of opposition to independent truckers in California should not be rewarded with a promotion,” OOIDA President Todd Spencer said.

First nomination

President Joe Biden originally nominated Su to replace Marty Walsh as labor secretary in February 2023.

Her nomination was quickly opposed by OOIDA and others for her support of AB5, which makes it difficult for leased-on owner-operators to be considered independent contractors in California.

OOIDA said the law and “haphazard” rollout forced independent contractor truckers to either leave the state, become an employee, attempt to reconfigure their business or abandon the profession.

Su’s confirmation hearing was last April, but her bid was never brought to a vote, as it was clear she did not have the necessary votes. After Sen. Joe Manchin, D-W. Va., announced last July that he planned to vote against Su, multiple media outlets reported that the White House planned to keep Su in her acting role without calling a vote.

She had remained the DOL’s leader in an acting capacity for about a year.

Second attempt

Biden renominated Su for the role in January.

However, those who opposed Su appear unswayed.

Sen. Bill Cassidy, R-La., said he still opposes SU and was critical of the HELP Committee’s decision to vote behind closed doors.

“During Ms. Su’s first nomination hearing for Secretary of Labor last April, the committee addressed a variety of concerns with her past record in California and her tenure at the Department of Labor,” Cassidy said. “Since then, concerns over Ms. Su’s leadership of DOL have grown. They warrant further public review from this committee. The Chair’s decision to not hold a public hearing on Ms. Su is unacceptable and shows a lack of transparency from the majority.”

The American Trucking Associations also spoke out against Su’s second attempt at confirmation.

“No matter how many times she’s renominated, Julie Su’s record remains a huge red flag for our industry and any senator concerned about radical policies from California becoming federal law,” ATA President Chris Spear said in a statement. LL