Former Democrat senators who have been a thoirn in the side of President Joe Biden are not changing as their terms come to an end.

One Wednesday Arizona Independent Sen. Kyrsten Sinema, a former Democrat, cast a vote for the first time in weeks to oppose the nomination of Lauren McFerran to stay on the National Labor Relations Board

She was joined by fellow former Democrat Sen. Joe Manchin, who changed his Party affiliation to Independent during the Biden administration, in opposing the nomination, Mediaite reported.

“The NLRB is a vital agency that oversees U.S. labor laws and rules on labor disputes, collective bargaining, and unfair labor practices. Its five members serve five-year terms. Currently, the board has three Democrats, one Republican, and one vacancy. McFerran, a Democrat, is the chair of the board, but her term expires next week,” the report said.

President-elect Donald Trump will have the opportunity to appoint two Republicans to the board when he takes back the presidency in January which will give his Party control of the board.

“Retiring Sen. Krysten Sinema (I-Ariz.) hasn’t voted since Thanksgiving break, with her absence possibly costing Democrats the chance to clear some of their most highly contested judicial picks and other nominations,” Politico reported on Tuesday. “Sinema’s office did not respond to a request for comment.”

The next day the senator cast her vote against the Democrat nominee.

Last month Elon Musk’s SpaceX, Amazon, and other companies sued and asked the Fifth Circuit Court of Appeals to rule that the NLRB, which was created by the National Labor Relations Act of 1935, is unconstitutional.

“That would be an enormous setback for labor groups, who have enjoyed unprecedented support from the Biden administration, and a win for companies that have spent considerable amounts of resources over the past four years trying to keep unions out of their workplaces,” NPR reported.

It is anticipated that the case will get to the Supreme Court.