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.
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Question: 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 

Answer: 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 


Question: or require the information it did. In light of the information possessed by the District as of June 2, 2011, the District’s interference with Rutherford’s right to return began then, and continued until the District ultimately terminated him. Once a technical violation of the FMLA has been established—and here, the undisputed facts show that a violation occurred—the interference inquiry turns to whether the plaintiff experienced prejudice resulting from the violation. Ridings v. Riverside Medical Center, 537 F.3d 755, 764 (7th Cir. 2008). The District arg e his fitness to return to work, he had such proof—a note from his doctor stating that he was fit to work—and attempted to present it on June 2, 2011. See Vannoy v. Fed. Reserve Bank of Richmond, 827 F.3d 296, 302 (4th Cir. 2016) (<HOLDING>). Instead of reinstating him, the District kept 
 Holding statements: (A) holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave (B) holding a plaintiff to be ineligible for fmla leave wherein the plaintiff had not accumulated enough work hours (C) holding that a plaintiff who was unable to return to work before his fmla leave expired did not allege any denial of an fmla right but noting that ragsdale left open the possibility that employees could recover for notice violations on a casebycase basis if there was actual harm resulting from the violations (D) holding that both the cfra and the fmla require the employee to provide notice to the employer of the employees intent to take leave (E) holding that sufficient evidence of prejudice existed where plaintiff would have structured leave differently but employer had not provided notice of fmla right to reinstatement

Answer: holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave


Question: are alleged to establish this claim. Id. And, although the Government had considerable leeway to make or withhold payments to affect contract completion, only payment to Plaintiff (or withholding payment altogether) would achieve Contract completion in this case. Id. at 10. The Government failed to do either. Id. B. The Court’s Resolution. The June 30, 2009 Memorandum Opinion and Final Order considered Plaintiffs argu ment that notification of default or imminent default was “superfluous and unnecessary.” United Surety, 87 Fed.Cl. at 589. The court rejected this argument, as a matter of law. Id. at 591. Instead, the court held that the Government owed no duty to a surety until notice is received. Id. (citing Fireman’s Fund Ins. Co. v. United States, 909 F.2d 495, 499 (Fed.Cir.1990) (<HOLDING>)) (emphasis added). Plaintiff also argues that 
 Holding statements: (A) holding that obligee can recover from surety attorneys fees that are provided for in obligees subcontract so long as the total recovery against the surety does not exceed the penal amount of the bond (B) recognizing that the gjovernment as obligee owes no equitable duty to a surety  unless the surety notifies the government that the principal has defaulted under the bond  notice by the surety is essential before any governmental duty exists (C) holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation (D) holding that a surety has standing to sue for a progress payment released by the government after notification by the surety of unpaid subcontractors (E) holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety

Answer:
holding that obligee can recover from surety attorneys fees that are provided for in obligees subcontract so long as the total recovery against the surety does not exceed the penal amount of the bond