instruction:
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.
question:
(1986) (relying on section 45(1) and comment a). 24 . See e.g., United States R.R. Ret. Bd. v. Fritz, 449 U.S. 166, 174 (1980) ("railroad [retirement] benefits are not contractual and may be altered or even eliminated at any time"); Devlin v. Transportation Communications Int'l Union, 173 F.3d 94, 103 (2nd Cir. 1999) (a claim to vested welfare benefits is contradicted by the ... unambiguous reservation in the plan documents of its right to amend the plan"); International Union, United Auto., Aerospace and Agric. Implement Workers of Amer. v. BVR Liquidating Inc., 190 F.3d 768, 773 (6th Cir. 1999) ("the inclusion of a 'reservation of rights' provision establishes that there was no intent for benefits to vest"); McGrath v. Rhode Island Retirement Bd., 88 F.3d 12, 17-18 (1st Cir. 1998) (<HOLDING>); In re Unisys Corp. Retiree Medical Benefit
Holding statements: (A) holding that performance of employment services constituted acceptance of the offer of participation in bonus plan and a binding unilateral contract was thereby formed (B) recognizing that generally with supposed unilateral contracts if the offeror expressly reserves the power to revoke the offer until the offerees performance is complete then the offer is illusory and cannot give rise to a unilateral contract but noting exceptions (C) holding that the offerors signature on the offerees conditional acceptance bound the offeror to all the terms therein (D) holding that an offer to donate cannot be an offer to sell (E) holding that a written offer accepted by parol may constitute a sufficient memorandum of the contract provided the person making the offer is the party to be charged
answer:
holding that performance of employment services constituted acceptance of the offer of participation in bonus plan and a binding unilateral contract was thereby formed

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

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466, 119 S.Ct. 2013, 144 L.Ed.2d 442 (1999) (citing California v. Carney, 471 U.S. 386, 390-91, 105 S.Ct. 2066, 85 L.Ed.2d 406 (1985)). 3 . United States v. Vazquez, 555 F.3d 923, 930 (10th Cir.2009). 4 . United States v. Bradford, 423 F.3d 1149, 1160 (10th Cir.2005). 5 . See Ornelas v. United States, 517 U.S. 690, 696, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). 6 . United States v. Mathis, 357 F.3d 1200, 1203-04 (10th Cir.2004) (citing Illinois v. Gates, 462 U.S. 213, 230, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)). 7 . Ornelas, 517 U.S. at 696, 116 S.Ct. 1657. 8 . See United States v. Jarvi, 537 F.3d 1256, 1259 (10th Cir.2008) (citing Wong Sun v. United States, 371 U.S. 471, 487-88, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963)). 9 . See United States v. Gentry, 406 Fed.Appx. 274, 279 (10th Cir.2010) (<HOLDING>). 10 . See United States v. Herrera, 782 F.3d
Holding statements: (A) holding a defendant is not entitled to a franks hearing without making a substantial preliminary showing that defect in the affidavit is material (B) holding that speculation as to whether and when the police had actually field tested a bag reported to contain heroin falls far short of the substantial preliminary showing of intentional or reckless omission required by the franks test (C) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect (D) holding that the defendant would have been entitled to a franks hearing had he shown that officers withheld negative information casting into doubt the dogs reliability (E) holding that a violation of the forum defendant rule is a jurisdictional defect
answer:
holding that speculation as to whether and when the police had actually field tested a bag reported to contain heroin falls far short of the substantial preliminary showing of intentional or reckless omission required by the franks test