In November 2014, President Barack Obama nominated McFerran to the National Labor Relations Board to fill a seat previously held by Nancy F. Schiffer.[3] Obama had initially sought to appoint Sharon Block, who had served on the board under a recess appointment, but withdrew her nomination due to Republican opposition.[4] He nominated McFerran instead, who was confirmed and began her term on December 17, 2014.[1]
McFerran's initial term expired on December 16, 2019, after which no Democrats were left on the board.[5] After her term expired, the remaining Republican members on the board released a flurry of decisions favorable to management.[6][7] In March 2020, President Donald Trump announced that he would re-nominate both McFerran and Marvin Kaplan, whose term was due to expire in August 2020, to the board.[8] Both were confirmed, and McFerran began a second term on the board on July 29, 2020.[1]
On January 20, 2021, incoming president Joe Biden announced McFerran would be the new chairman of the board, replacing John F. Ring.[1][9]