Read the following excerpt from a US court opinion:
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in that provision. I, however, focus on the phrase “upon consideration of,” which I believe has the same meaning and effect as “consider.” We have recognized that a statute requiring a government official to “consider” certain factors “implfies] wide areas of judgment and therefore of discretion.” Carolina Tobacco Co. v. Bureau of Customs and Border Prot., 402 F.3d 1345, 1350 (Fed.Cir.2005) (citing Sec’y of Agric. v. Cent. Roig Refining Co., 338 U.S. 604, 611-14, 70 S.Ct. 403, 94 L.Ed. 381 (1950)). In Carolina Tobacco, we added that “[i]n considering the factors, the port director may give them whatever weight he deems appropriate; he may conclude that particular factors should be given no weight whatsoever.” Id.; cf. Brehmer v. Fed. Aviation Admin., 294 F.3d 1344, 1348 (Fed.Cir.2002) . Indeed, in Central Roig the Supreme Court
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What is the most suitable continuation to the opinion? Your options are:
A. holding that an employee may sue for breach of a collective bargaining agreement without the union
B. holding that proof of discrimination offered by the plaintiff was insufficient to support a punitive damages award in light of the employers belief that its actions were required by a collective bargaining agreement
C. holding that a job transfer provided as a reasonable accommodation under the rehabilitation act did not conflict with a collective bargaining agreement when the agreement included a provision authorizing transfers and requiring a seniority preference in transfers ejxcept in the most unusual of circumstances
D. holding that the administration complied with a provision of the collective bargaining agreement requiring it to give consideration to nondisciplinary measures in certain circumstances when it considered the possibility of additional training but concluded that in light of the failure of the prior retraining to improve brehmers performance additional retraining would be ineffective
E. holding that oral agreement made in connection with reinstatement should be treated as part of collective bargaining agreement
Reply with [A, B, C, D, E] only.