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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Ex Input:
203, 216, 85 S.Ct. 398, 13 L.Ed.2d 233 (1964) ("The Board's power [to order remedies] is a broad discretionary one, subject to limited judicial review."); McKinney ex rel. N.L.R.B. v. Southern Bakeries, LLC, 786 F.3d 1119, 1125 (8th Cir. 2015) (noting the NLRB's broad remedial powers to remedy employer violations in the shape of unfair labor practices); Medallion Kitchens, Inc. v. NLRB, 811 F.2d 456, 460 (8th Cir. 1987) (observing that the NLRA affords "the Board broad .latitude in fashioning remedies for unfair labor practices"). To illustrate further, should an employer commit misconduct while she is at the bargaining table, so to speak, the NLRB may mandate the employer to reimburse the corresponding labor organization for bargaining expenses. See HTH Corp., 361 NLRB No. 65 (2014) (<HOLDING>). With respect to labor schedules and other
Holding statements: (A) holding there was no jury trial right where court ordered reinstatement and back pay to teachers fired after desegregation order in discrimination case back pay is equitable (B) recognizing nlrbs power to order reinstatement front pay back pay wideranging ceaseanddesist orders furnishing the union with relevant information and noticereading requirement among other remedies (C) holding that back pay may be awarded to the date of judgment (D) holding that an award of back pay is an issue for the court (E) holding in an adea case that when after acquired evidence of employee wrongdoing cut off accrual of back pay reinstatement or the award of front pay was inappropriate

Ex Output:
(B)

Ex Input:
any evidence that Qualex's action had any reason to perceive plaintiff as being disabled, any claim that the withdrawal of the offer of employment was motivated by such a perception is purely speculative. As such, plaintiffs claim that defendant Qualex violated the ADA by withdrawing its offer of employment fails as a matter of law. See Hoffman at 1 ("Unsupported speculation does not satisfy a party's burden to produce some evidence in resisting a summary judgment motion."). B. The Drug-free Workplace policy. Plaintiffs second claim is that the "Drug-free Workplace" policy maintained by defendant Qualex is a blanket exclusionary policy, leaving no allowance for the legal use of controlled substances. See Rowles v. Automated Production Systems, Inc., 92 F.Supp.2d 424, 430 (M.D.Pa.2000) (<HOLDING>). Plaintiff further argues that defendant
Holding statements: (A) holding that employers drug policy violated the ada to the extent that it prohibits the use of all legally prescribed controlled substances without a determination that such prohibition is jobrelated and consistent with business necessity (B) holding highest and best use is to be considered to the full extent that the prospect of demand for such use affects the market value (C) holding that the 60day rule under the wisconsin controlled substances act is mandatory and that failure to set the hearing within that period deprived the trial court of jurisdiction (D) holding that the ada exceeds the 5 power at least to the extent it extends beyond remedies for irrational discrimination (E) recognizing that the sentence imposed should be consistent with the protection of the public

Ex Output:
(A)

Ex Input:
156 F.3d at 194 n. 1 (In prison, "[w]here the government absolutely monopolizes the means of speech or controls a bottleneck, ... a refusal to fund functions the same as an outright ban."); Kimberlin v. U.S. Dep't of Justice, 318 F.3d 228, 232 (D.C.Cir.2003) (BOP's interpretation of Zimmer Amendment as imposing an outright ban of electrical instruments was reasonable; the restriction on using appropriated funds for the "use or possession" of electric and electronic instruments may reasonably be construed to prohibit paying for costs incidental to such use or possession, including costs incurred for storage, supervision and electricity), reh'g en banc denied, 351 F.3d 1165 and 1166 (D.C.Cir.2003). See also Environmental Defense Ctr. v. Babbitt, 73 F.3d 867, 871-72 (9th Cir.1995) (<HOLDING>). Given the context in which the challenged
Holding statements: (A) holding that the defendant failed to demonstrate government acquiescence in part because he never reported alleged gang incidents to the government and therefore could not prove that the government was even aware of a problem (B) holding that the alien was entitled to performance by the government of its promise that the government would not oppose any of his motions for relief from deportation (C) holding that preservation of government resources cannot as a matter of law justify barring some arbitrarily chosen group from a government program (D) holding that amtrak is an agency of the government for purposes of the constitutional obligations of government (E) holding that the use of any government resources whether salaries employees paper or buildings to accomplish a final listing of a species as endangered would entail government expenditure and thereby run afoul of statutory moratorium on spending for such purpose the government cannot make expenditures and therefore cannot act other than by appropriation

Ex Output:
(E)