Read the following excerpt from a US court opinion:
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t Den-ton’s argument that defendants decided to investigate the June 30, 2011, arrest, terminate his employment, and release the video to the Tulsa World in retaliation for the July 7, 2011, email he sent to his fellow union members. Denton also argues that because Owasso declined to impose any significant discipline against a group of police officers who engaged in similar conduct during the arrest of a suspect several years earlier, the harsher decisions made with regard to Denton must have been linked to his union activity when he sent the email. Although the Garcetti/Pickering analysis applies to an association based retaliation claim, a plaintiff need only satisfy the first, fourth, and fifth prongs of the test. See Shrum v. City of Coweta, 449 F.3d 1132, 1138-39 (10th Cir. 2006) . Accordingly, we examine whether the email was
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the disappearance by merger of a corporate employer which has entered into a collective bargaining agreement with a union does not automatically terminate all rights of the employees covered by the agreement and that in appropriate circumstances present here the successor employer may be required to arbitrate with the union under the agreement
B. holding that a court should not require a showing of public concern or engage in judicial balancing of the employers interest against the employees interest when the public employee alleges retaliation for participation in a union with which his employer has signed a collective bargaining agreement
C. holding that an employee may sue for breach of a collective bargaining agreement without the union
D. recognizing the public interest exception
E. holding that the scope of a government employees first amendment rights depends on the balance between the interests of the employee as a citizen in commenting upon matters of public concern and the interest of the state as an employer in promoting the efficiency of the public services it performs through its employees
Reply with [A, B, C, D, E] only.