Read the following excerpt from a US court opinion:
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13 L.Ed.2d 233 (1964); Teamsters Local 115 v. NLRB, 640 F.2d 392, 399 (D.C.Cir.1981), cert. denied, 454 U.S. 827, 102 S.Ct. 119, 70 L.Ed.2d 102 (1981); cf. National Treasury Employees Union v. Federal Labor Relations Authority, 910 F.2d 964, 966-68 (D.C.Cir.1990) (en banc) (emphasizing the extreme deference due agency remedial decisions). Even remedial decisions must, however, follow announced policies and procedures. United Food & Commercial Workers Int’l Union v. NLRB, 852 F.2d 1344, 1347 (D.C.Cir.1988). The Local correctly points out that, in accordance with the American Rule, attorney’s fees generally are not awarded in Board proceedings. Summit Valley Indus. Inc. v. United Bhd. of Carpenters & Joiners of America, 456 U.S. 717, 721-23, 102 S.Ct. 2112, 2114-15, 72 L.Ed.2d 511 (1982) . It contends that attorney’s fees would be
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What is the most suitable continuation to the opinion? Your options are:
A. holding ports authority was not an employer subject to the jurisdiction of the national labor relations board
B. holding that former employees state law claim of fraud brought against his former employer was preempted by labor management relations act
C. holding that labor management relations act  303 which authorizes recovery of damages for employers injured by an unfair labor practice does not provide authorization for awarding attorneys fees for board proceedings
D. holding that a district court may have jurisdiction over action taken by the national labor relations board despite an express statutory finality provision when the agency has acted in excess of its delegated powers and contrary to a specific prohibition in the national labor relations act
E. holding that the but for test applied in a mixed motive case under the national labor relations act
Reply with [A, B, C, D, E] only.