National Labor Relations Board v. California School of Professional Psychology

The National Labor Relations Board petitions for enforcement of its order affirming an administrative law judge’s determination that the California School of Professional Psychology (the School) committed an unfair labor practice. The violation was held to be of § 8(a)(1) and (3) of the National Labor Relations Act (the Act), 29 U.S.C. § 158 (a)(1), (3), by failing to renew the teaching contract of Dr. Michael Cohen because of his union organizing activities. We deny the petition.

I. The Case

Dr. Michael F. Cohen taught at the California School of Professional Psychology pursuant to several successive employment contracts. Over time, tension developed between Cohen and the School administration because of Cohen’s efforts to unionize teachers. On July 23, 1975, the School sent Cohen a letter that read in part:

This is to advise you that your faculty contract expires August 31, 1975. As this concludes your services at [the School], I wish to thank you for all of your positive contributions to the School.

Cohen testified that this letter constituted “the first formal notification” that he would not be rehired. On February 12, 1976, Cohen filed an unfair labor practice charge with…