McGough

Appellant Philip McGough was denied tenure by the University of San Francisco (USF). He filed suit in superior court, alleging causes of action for wrongful termination, breach of contract, breach of the covenant of good faith and fair dealing, and intentional infliction of emotional distress. The trial court granted USF’s motion for summary judgment, finding that all causes of action were preempted by the National Labor Relations Act (NLRA). We affirm.

Facts

Appellant was employed as an associate professor in the McLaren School of Business at USF from 1983 to 1987. During this time appellant was a member of the USF Faculty Association, the collective bargaining representative for USF faculty. A collective bargaining agreement (CBA) existed between USF and the Faculty Association when appellant was hired, but that agreement expired on June 30, 1986. The CBA contained standards for evaluating tenure applications which required that USF base its tenure decisions on the following criteria: (1) teaching experience and abilities; (2) research or other creative work; and (3) service to USF and the community.

In November of 1986—five months after the CBA had expired—appellant…