* Court denies bid to rule on recess appointments
* Obama used appointments for labor, consumer posts
By Alexandra Alper
WASHINGTON, March 2 A federal judge on
Friday threw out a challenge to President Barack Obama's recent
recess appointments to the National Labor Relations Board,
refusing to add the issue to a lawsuit on another topic.
"The Court declines this invitation to take up a political
dispute that is not before it, and the motion will be denied,"
wrote U.S. District Court Justice Amy Berman Jackson.
The National Federation of Independent Business, a lobbying
group for small businesses, sought to add the appointments
challenge to a legal action filed last year. It argued the
appointments violated the U.S. Constitution.
Jackson faulted the plaintiffs for trying to "shoehorn" the
recess appointment into a case about an NLRB rule.
Obama set off a furor in January when he bypassed Congress
and installed nominees into politically sensitive jobs at the
NLRB and Consumer Financial Protection Bureau. Critics contend
the recess appointments were possibly illegal because they were
made while the Senate was still technically in session.
The NFIB and other groups had asked the court to consider
appointments as part of a legal challenge to an NLRB rule
requiring employers to display a poster explaining workers'
rights to unionize.
Jackson ruled the NLRB had the right to require employers to
display the union notice, but could not call failure to do so an
"unfair labor practice."
Karen Harned, executive director of NFIB's small business
legal center, said the group plans to appeal.
(Reporting By Alexandra Alper; Editing by Doina Chiacu)