Senate confirms Labor Department nominee ahead of swearing in of Sen.-elect Scott Brown

Senate confirms Smith for Labor post

WASHINGTON — The Senate has approved the nomination of New York’s state labor commissioner for the No. 3 post at the Labor Department.

The 60-37 vote for Patricia Smith comes nine months after she was nominated for the department’s top legal job as solicitor and just hours before Republican Scott Brown takes his Senate seat. Republicans had held up a vote on Smith, claiming she misled lawmakers about her role in creating a New York program that allowed labor unions to help uncover wage-and-hour violations.

Democrats had to muster 60 votes earlier this week to overcome GOP objections to Smith. But she needed only a majority to pass on Thursday. Republicans had urged Democrats not to vote on controversial nominees until Brown was seated. Brown gives the GOP 41 votes that they can use to block the Democratic agenda.