Read the following excerpt from a US court opinion:
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initial ability to determine its jurisdiction}.]”). Once the determination is made that a public employer and its labor relations system has grandfather status and that its collective bargaining system has not substantially changed after January 1, 2003, no other provision of the PEBA applies to that employer. Id. ¶ 6 (explaining that if the grandfather clause applies, “the PEBA does not apply”). And, if the public employer is not subject to the terms of the PEBA, then the PELRB has no jurisdiction to hear its complaints because the PELRB can only enforce the PEBA— it cannot enforce the LMRO. See § 10-7E-9(F) (noting that the PELRB “has the power to enforce provisions of the [PEBA]”); Regents of Univ. of N.M. v. N.M. Fed'n of Teachers, 1998-NMSC-020, ¶ 4, 125 N.M. 401, 962 P.2d 1236 ; Deming Firefighters Local 4521,
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that the peba created the pelrb whose function is the administration of the peba
B. recognizing a discretionary function exception to that waiver
C. holding that any error in the prosecutors misstatement of the gjrand jjurys function was cured when the judge in effect granted the objection and allowed the attorney to correctly articulate the grand jurys function
D. holding that imposition of punishment is a judicial function
E. holding the function of a public utility is controlling not how the term is defined
Reply with [A, B, C, D, E] only.