Obama Recess Appointments Can’t Be Challenged in Labor Rule Suit

[Omaha Steve]

http://www.bloomberg.com/news/2012-03-02/judge-rejects-challenge-to-obama-labor-relations-board-recess-appointments.html

By Tom Schoenberg - Mar 3, 2012 2:08 AM CT

President Barack Obama’s recess appointments to the National Labor Relations Board can’t be challenged as part of a lawsuit over requirements for businesses to inform employees of their rights, a judge ruled.

U.S. District Judge Amy Berman Jackson in Washington yesterday said the National Federation of Independent Business and other trade groups “attempted to shoehorn a challenge” to the recess appointments into a case over a rule mandating that companies notify workers of their rights to form a union.

“The court declines this invitation to take up a political dispute that is not before it,” Jackson said in her six-page ruling. She didn’t rule on whether the appointments were legal.

In a separate ruling, the judge found the board has the authority to require companies to post union-rights notifications. She ruled the board lacked the authority to enforce the so-called poster rule as an unfair labor practice.

FULL story at link.