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Articles by Mark M. Trapp
Employers Likely to Find New Republican “Three M” Majority “MMM, MMM, Good!”
When James R. Macy was sworn in as a Member of the National Labor Relations Board (NLRB) on August 17, Republicans gained the third vote they lacked to begin reversing Biden-era precedent. It is the first time in nearly five years that Republicans have held a three-member majority on that body.
Cal/OSHA Responds to Stakeholder Feedback on Proposed Walkaround Rule | JD Supra
Cal/OSHA has issued a Notice of Proposed Modifications to its proposed walkaround regulation following its review of the written and oral comments submitted during the initial public comment period. While the revisions are relatively narrow, they directly reflect CMC's Employers Cal/OSHA Walkaround Rulemaking Coalition's comments and testimony.
Trump has the last laugh as Supreme Court’s Slaughter decision strengthens presidential control over executive‑branch officers, including the NLRB
On May 27, 1935, the Supreme Court decided the case of Humphrey’s Executor. That decision upheld the constitutionality of for-cause removal protections for commissioners at the Federal Trade Commission. Specifically, the Court held that the provisions of the Federal Trade Commission Act that stated, “any commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office,” prevented the removal of a commissioner without cause.
The Practical (and Legal) Implications of the NLRB’s Unwritten “Three-Vote Rule” | JD Supra
For the first time since President Trump fired Member Wilcox in January 2025, the National Labor Relations Board has the statutory quorum necessary to issue decisions and shape labor law across the United States. The National Labor Relations Act structures the Board to have five members and requires at least three confirmed members to issue binding decisions in representation cases and unfair labor practice proceedings.
[Webinar] Labor Arbitration – Maximizing Your Chances for Success - August 21st, 10:00 am PT | JD Supra
August 7, 2025 To embed, copy and paste the code into your website or blog: August 21st, 2025 10:00 AM PT Labor arbitrations often seem like the proverbial “box of chocolates” – you never know what you’re going to get. While uncertainty abounds, there are numerous steps companies and counsel can take to assess, prepare, and present their labor arbitration cases to maximize the chances for success.
D.C. Circuit Rejects NLRB’s “Irrational” View of Impasse | JD Supra
Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s refusal to recognize a bargaining impasse in light of a multi-year, deadlocked negotiation.
[Webinar] Labor Arbitration – Maximizing Your Chances for Success - June 11th, 10:00 am PT | JD Supra
Labor arbitrations often seem like the proverbial “box of chocolates” – you never know what you’re going to get. While uncertainty abounds, there are numerous steps companies and counsel can take to assess, prepare, and present their labor arbitration cases to maximize the chances for success.
Trump Administration 2.0: The Impact on the Federal Judiciary | JD Supra
With his recent re-election, former President Donald Trump will once again become President Trump. Given his significant shaping of the federal courts during his first term, it is worth considering what additional impact he could have on the Article III judiciary during a second term. The answer may be, in the short term, probably slightly less than his first term, but in the long run, potentially very significant indeed.
Industry Groups and Congressional Leaders Attack OSHA’s New “Worker Walkaround” Inspection Rule | JD Supra
To advance the Biden Administration’s promise to be “the most labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its Final Worker Walkaround Representative Designation Process Rule (the “Worker Walkaround Rule”).
Everything You Need to Know About OSHA’s New Worker Walkaround Representative Designation Process Rule | JD Supra
Like a bad April Fool’s joke, to advance the Biden Administration’s promise to be “the most labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its Final Worker Walkaround Representative Designation Process Rule (the “Worker Walkaround Rule”).
BREAKING: OSHA Issues Final Worker Walkaround Representative Designation Process Rule | JD Supra
After an unusually short time at OMB, earlier today, OSHA revealed a pre-publication version of its Final Worker Walkaround Representative Designation Process Rule. The Official Final Rule will issue when it is published in the Federal Register, April 1, 2024, and it will go into effect on May 31, 2024. As expected, OSHA pushed this rule out ahead of the Congressional Review Act window – 90 legislative days before a possible transition to a new Administration and new Congress.
Game Changer for Pension Withdrawal Liability: Seventh Circuit Orders Return of Withdrawal Liability Payments | JD Supra
Last Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit reversed a district court’s decision upholding an arbitration award requiring an employer to pay more than $2.3 million in withdrawal liability payments to a multiemployer pension fund. The Seventh Circuit remanded the case to the district court with instructions to order the pension fund to repay the withdrawal liability it collected from Bulk Transport (“Bulk”), a client of Conn Maciel Carey LLP.
OSHA’s Worker Walkaround Rule Clears OMB Review – Final Rule Is Imminent | JD Supra
We have an important update to share about the status and now more clear outcome of OSHA’s rulemaking for a Worker Walkaround Designation Process Rule. Thursday, OMB updated the entry on its website about the Worker Walkaround Rulemaking to reflect that OMB/OIRA has concluded its regulatory review under EO 12866, cancelling the remaining stakeholder meetings that had been scheduled. In total, OMB hosted sixteen EO 12866 stakeholder meetings.
OSHA Sends Proposed Final “Worker Walkaround Representative Designation Process” Rule to OMB | JD Supra
In early 2023, OSHA revealed plans for a rulemaking for a Worker Walkaround Representative Designation Process Rule that would amend existing regulation 29 CFR § 1903.8(c), which governs participation by third parties in OSHA inspections as employee representatives.
New City Ordinance Prevents Retaliation Against Employees Who Obey COVID-19 Governmental Orders - Yet Another Reason to Ensure Your Workplace Is Following All COVID-19 Recommendations - The Employer Defense Report
By: Mark M. Trapp and Aaron R. Gelb Recently, the Chicago City Council approved for immediate implementation a new ordinance prohibiting employers from taking adverse action against an employee obeying orders related to COVID-19 issued by the Mayor of Chicago, Governor of Illinois or Chicago Department of Public Health. The ordinance also encompasses employees staying at home to minimize transmission or while experiencing symptoms of the virus.
Seventh Circuit Hits the Brakes on Pension Fund’s “Deceleration” Attempt
In a rare win for employers, the Seventh Circuit recently held that ERISA’s six-year statute of limitations barred a multiemployer pension fund’s claim for withdrawal liability against the withdrawn employer. The case, Bauwens v. Revcon Tech. Group, Inc., No. 18-3306 (7th Cir.
Grab Your Wallet Before the PBGC Does - Their Proposed Regulation Could Cost Employers Greatly
by Mark Trapp Conn Maciel Carey is an IMA B2B Partner In December 2014, Congress passed and President Obama signed the Multiemployer Pension Reform Act of 2014 (“MPRA”). The objective of the MPRA was to shore up struggling multiemployer pension plans, many of which are severely underfunded and getting worse.
In Flurry of Activity, National Labor Relations Board Restores Pre-Obama Precedent
One of the most visible manifestations of the maxim that elections have consequences is illustrated by the regular oscillations in labor policy at the National Labor Relations Board (“Board”) that follow elections in which an opposing party takes control of the White House.
Buyer Beware: Purchasing Assets from a Unionized Employer May Come with a Nasty Withdrawal Liability Surprise
Asset purchases are commonplace in the hospitality industry, where ownership in restaurants, hotels, and country and leisure clubs regularly changes hands via asset purchases. Asset purchases are often favored by an acquiring party as a means to acquire assets, but not the corresponding liabilities, which allows for greater fluidity in the market and enables the owner/operator to keep pace with the industry’s ever-changing demands and trends.
Fifth Circuit Pays Special Deference to NLRB’s Determination that Hotel Management Company Acted with Anti-Union Animus in Outsourcing Housekeeping Department | The National Law Review
A recent decision of the U.S. Court of Appeals for the Fifth Circuit illustrates the potential pitfalls of outsourcing in the face of a union campaign, as well as the steep hurdle employers face in overturning a decision of the National Labor Relations Board (“NLRB”). In Remington Lodging & Hospitality, LLC v.
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