Esch's renomination before the Senate proved contentious. The major reason for this was a case which had come before the Commission involving Pennsylvania coalfields seeking preferential rates for the haul to Lake Erie ports. Esch initially voted in the minority, opposing the rates, but later switched his vote to the majority when the Commission reconsidered its decision. The change, and the decision, outraged Southern coal interests and their senators, who charged that Esch had switched his vote to secure his renomination by Coolidge. Esch denied any political consideration in his votes, citing new data submitted to the Commission and a Congressional resolution directing the Commission to take local economic conditions into consideration in making decisions as the reasons for his switch. The Senate rejected Esch's nomination by 39-29 on March 16, 1928, angering other commissioners, who felt that members should be able to vote their consciences without fear of political repercussions. Esch's recess appointment ended with the close of Congress's term on May 29, 1928, and he left the Commission.