In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: consistent with the respective rights of the parties.” Sign and Pictorial Union Local 1175 v. NLRB, 419 F.2d 726, 731 (D.C.Cir.1969). Section 8(d) provides, however, that the obligation to bargain in good faith “does not compel either party to agree to a proposal or require the making of a concession.” 29 U.S.C. § 158(d). Thus, the Act does not require any party “to yield any position fairly maintained; ‘firmness of a bargaining position does not constitute bad faith.’ ” 419 F.2d at 731 (internal citation omitted). The Union argues that the Board’s finding of an impasse should nevertheless be reversed for four reasons. First, the Union alleges the Board did not conduct the sort of intensive factual inquiry it was obliged to make. See Taft Broadcasting Co., 163 N.L.R.B. 475, 478 (1967) (<HOLDING>), enforced, American Fed’n of Television & 
 Holding statements: (A) holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith  (B) recognizing that the primary issue to be considered in whether the representative parties will fairly and adequately protect the interest of the class is a determination of whether any antagonism exists between the interests of the plaintiffs and those of the remainder of the class (C) recognizing that the law of the shop includes the understanding of the parties (D) holding that whether impasse exists rests upon factintensive inquiry into the bargaining history the good faith of the negotiating parties the length of negotiations the importance of the issues about which there is disagreement and the contemporaneous understanding of the parties as to the state of negotiations (E) holding that where the parties contemplate the formal execution of a final agreement there is a strong inference that the parties  do not intend to be bound by earlier negotiations or agreements until the final terms are settled 

A: holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith 
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Q: Specifically, the EEOC regulations interpreting the Act provide that, in determining whether a claimant is disabled because he is significantly restricted in his ability to perform “either a class of jobs or a broad range of jobs in various classes,” a court may consider: The job from which the individual has been disqualified because of an impairment, and the number and types of jobs utilizing similar training, knowledge, skills or abilities, within that geographical area, from which the individual is also disqualified because of the impairment (class of jobs). 29 C.F.R. § 1630.20)(3)(ii)(B) (emphasis added). In making this determination, the reviewing court must decide whether the plaintiff is restricted in his or her ability to perform ei stems, Inc., 101 F.3d 346, (4th Cir.1996) (<HOLDING>). KCC argues on appeal that Burns’s lifting 
 Holding statements: (A) holding that a lifting restriction of ten pounds did not constitute a physical impairment that substantially limited a major life activity (B) holding as a matter of law that a twentyfive pound lifting limitation particularly when compared to an average persons abilities  does not constitute a significant restriction on ones ability to lift work or perform any other major life activity (C) holding that a lifting restriction did not substantially limit a computer technicians ability to engage in the major life activity of working (D) holding plaintiff with carpal tunnel syndrome who could not perform heavy lifting failed to meet burden of establishing substantial limitation in major life activity of work (E) holding that a twentyfive pounds lifting restriction did not substantially limit any major life activities

A: holding that a lifting restriction of ten pounds did not constitute a physical impairment that substantially limited a major life activity
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Q: exclusion states: “If you have asked us to exclude any person from coverage under this policy, then we will not provide coverage for any claim arising from an accident or loss involving a motorized vehicle being operated by that excluded person.” We agree with the insurer that this sentence, at least when considered in isolation, clearly and unambiguously excludes coverage for Scott’s UIM claim. The word “you” is defined in the policy as the person shown as the named insured on the declarations page. For this policy, that person is Rhonda. There is no dispute that Rhonda asked the insurer “to exclude [a] person from coverage under this policy” and that person was Scott. It is also undisputed that the UIM claim asserted by Scott arose from an accident involving a 10 (Okla.Civ.App.1996) (<HOLDING>). We turn now to the plaintiffs’ contention 
 Holding statements: (A) holding named driver exclusion eliminating liability coverage as well as um coverage did not contravene um statute because statute required um coverage only if the claimant otherwise qualifies for liability coverage under the policy (B) holding similar exclusion excluding coverage for any loss was clear and unambiguous and excluded coverage for um claims even though such claims were not expressly mentioned in the exclusion (C) holding public policy of um statute not violated by exclusion of um coverage for passenger of vehicle driven by excluded driver (D) holding location of named driver exclusion in endorsement did not make it ambiguous exclusion applied to all coverage afforded by the policy including the um coverage (E) holding nearly identical named driver exclusion was plain and unambiguous and excluded claim brought under um coverage

A:
holding named driver exclusion eliminating liability coverage as well as um coverage did not contravene um statute because statute required um coverage only if the claimant otherwise qualifies for liability coverage under the policy
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