With no explanation, chose the best option from "A", "B", "C" or "D". of the NLRB’s jurisdiction and the NLRA’s preemptive effect: “When an activity is arguably subject to § 7 or § 8 of the Act, the States as well as the federal courts must defer to the exclusive competence of the National Labor Relations Board if the danger of state interference with national policy is to be averted.” Id. at 245, 79 S.Ct. 773. Although the Garmon doctrine seems simple enough, whether it applies to conflicts between federal statutes and the NLRA has been the subject of great debate and resulting in a conflict among the circuits. Numerous courts, including Judge Foreman in the Southern District of Illinois, have held that the NLRA preempts RICO in whole or in part when labor disputes are involved. See, e.g., McDonough v. Gencorp, Inc., 750 F.Supp. 368 (S.D.Ill.1990) (<HOLDING>); Butchers’ Union, Local No. 498, United Food

A: holding the state law claims were not preempted
B: holding that claims actionable only by virtue of the nlra are preempted
C: holding that samesex sexual harassment claims are not actionable under title vii
D: holding that where there is thrust upon the government either by virtue of the defense raised by the defendant or by virtue of the elements of the crime charged the affirmative duty to prove that the underlying prohibited act was done with a specific criminal intent other acts evidence may be introduced under rule 404b
B.