With no explanation, chose the best option from "A", "B", "C" or "D". § 1337(a). Section 1337 provides jurisdiction for fair representation suits because the duty of fair representation derives from the National Labor Relations Act (“NLRA”), and the NLRA is an “Act of Congress regulating commerce.” Breininger, 493 U.S. at 83, 110 S.Ct. at 434 (citations omitted). In this context, the “fair representation claim is a separate cause of action from any possible suit against the employer.” See id. at 84, 110 S.Ct. at 435. In Breininger, for example, the employee alleged that the union represented him unfairly by refusing to refer him to potential employers. The union’s breach did not implicate a collective bargaining agreement. See id. at 71-72, 110 S.Ct. at 427-29. See also Storey v. Local 327, Int’l Brotherhood of Teamsters, 759 F.2d 517, 523 (6th Cir.1985) (<HOLDING>). Therefore, § 301 and § 1337 provide different

A: holding that a debtorinpossession could reject a collective bargaining agreement
B: holding that a union may breach its duty of fair representation by rejecting an employees interpretation of the collective bargaining agreement if the unions interpretation is itself arbitrary or unreasonable
C: holding that the statute of limitations applicable to a section 301 suit was the same as that which applies to suits against an employer for breach of the collective bargaining agreement
D: holding that  1337 provides the jurisdictional basis for fair representation suits where no collective bargaining agreement exists
D.