system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in determining who should be hired or promoted. The Employer argues that because the advice of the docking pilots is almost always followed, the docking pilots satisfy the NLRA’s definition of supervisor by making effective recommendations on hirings and promotions. The Board found, however, that the ultimate decision on personnel matters rested with Bazemore and Charles Andrews, President of Crescent Towing, and thus the pilots’ advice on personnel matters did not meet the requirements of the statute. In NLRB v. Security Guard Service, Inc., 384 F.2d 143 (5th Cir.1967), we held that the authority to make recommendations alone does not indicate supervisory status. Id. at 148. Other circuits take the same position. See, e.g., NLRB v. Adco Elec., Inc., 6 F.3d 1110, 1117 (5th Cir.1993) (<HOLDING>); George C. Foss Co. v. NLRB, 752 F.2d 1407, Options: A. holding employee could proceed against employer in action for fraudulent misrepresentation where employees complaint alleged inter alia employee was regularly exposed to lead fumes and dust at place of employment employer tested employees blood to monitor lead levels employer willfully and intentionally withheld employees test results which showed employee had developed leadrelated diseases and employer subsequently altered those results to induce employee to continue working for employer employee further alleged employers concealment of employees condition prevented employee from reducing his exposure to lead and obstructed him from receiving appropriate medical treatment and that delay in treatment resulted in aggravation of employees injury B. holding that notwithstanding fact that employer brought suit in its own name pursuant to ocga 349111 c only for the liquidated amount that had been paid to the employee in workers compensation benefits after employee failed to file his own tort action within one year of injury employee was not precluded from bringing his own separate action to recover for personal injuries and loss of consortium but noting that employee received notice of employers suit only after filing his own action suggesting that court in which employers action was pending had wrongly denied the employees motion to intervene to which motion employer had objected noting that if employee had not moved to intervene in other action employees separate action would have been barred by laches and holding that thirdparty tortfeasor could move for mandatory joinder of the employer in the employees action C. recognizing suit for discriminatory failure to hire when the defendant employer failed to hire another corporation as an independent contractor and a potential employee of the rejected corporation brought suit directly against the defendant employer D. holding that a notice recommending termination of an employee to the board without notice to the employee of employees right to attend and dispute the claims violated due process E. holding that employee recommending someone for hire and bringing problems with apprentice employees to the attention of his superior is nothing more than what the employer would expect from experienced employees

assistant: The best answer is E. holding that employee recommending someone for hire and bringing problems with apprentice employees to the attention of his superior is nothing more than what the employer would expect from experienced employees