In Teamsters Local Union No

In Teamsters Local Union No. 523 v. National Labor Relations Board, where a sales representative complained of unfair labor practices after he was demoted by the union when his employer consolidated its distribution so that the union would represent all distribution workers, rather than only some, the U.S. Court of Appeals held that:

A) the employee was behind in his agency fee payments, so he had no claim to keeping his position
B) the employee should have to join the union or pay agency fees if he wanted to keep his seniority position
C) the union and employer were discriminating against the employee, but not in a way that encouraged union participation
D) the union and employer were not discriminating against the employee in a way that encouraged union participation
E) none of the other choices are correct