FILED 

DEC. 9,2014 

In the Office of the Clerk of Court 

W A State Court of Appeals, Division III 

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON 

DIVISION THREE 

MICHAEL E. DORON, Ph.D., a single ) 

man, ) No. 31636-0-111 

) 

Appellant, ) 

) 

v. ) 

) UNPUBLISHED OPINION 

EASTERN WASHINGTON ) 

UNIVERSITY, a state ofWashington ) 

public four year institution ofhigher ) 

education; UNITED F ACUL TY OF ) 

EASTERN WASHINGTON ) 

UNIVERSITY, a public employee ) 

organization; UNITED FACULTY OF ) 

WASHINGTON STATE, a public ) 

employee organization; WASHINGTON ) 

EDUCATION ASSOCIATION, a state of ) 

Washington nonprofit corporation; ) 

ARSEN DJATEJ, a married man; SUSAN ) 

NIEGAARD, a married woman; ) 

DUANNlNG ZHOU, a married man; and ) 

ELIZABETH MURFF, a married woman; ) 

REX FULLER, a married man; NIEL ) 

ZIMMERMAN, a married man, ) 

) 

Respondents. ) 

FEARING, J. - Eastern Washington University (EWU) hired Michael Doron for a 

tenure-track position as an Assistant Professor of accounting. After his second annual 

review, EWU offered Doron reappointment with an improvement plan. Doron refused to 

participate in developing an improvement plan, after which EWU deemed Doron to have 
No. 31636-0-111 

Doron v. Eastern Washington Univ. 

refused reappointment and the school terminated his services. 

Michael Doron sued EWU and various university administrators alleging breach 

of contract, violation of the covenant of good faith, violation of promises, wrongful 

discharge in violation of public policy, disability discrimination, and wrongful 

withholding of wages. The relevant contract is a collective bargaining agreement (CBA) 

between EWU and Doron's union. Doron sued some ofEWU administrators also for 

defamation. Doron also sued his union, United Faculty ofEWU (UFE), and the union's 

state-wide bodies, United Faculty of Washington State and Washington Education 

Association (WEA), for breach of the duty of fair representation and for tortious 

interference with business expectancy. The trial court granted summary judgment on all 

claims. We affirm. 

FACTS 

Because the trial court dismissed all of Michael Doron's claims on summary 

judgment, we consider the facts in a light most favorable to him. Because of the many 

claims ofDo ron, the outline requires an extensive review of written agreements, 

documents, and correspondence. 

Michael Doron graduated from Miami University in 1993 and then worked as an 

accountant in Columbus, Ohio. He became a licensed Certified Public Accountant (CPA) 

in 2000. That same year, Doron earned his masters in accountancy from Case Western 

Reserve University. From 2003 to 2005, Doron taught a variety of undergraduate and 

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graduate level accounting courses. In 2009, based on his dissertation titled, "The End of 

the Disinterested Profession: American Public Accountancy 1927-62," Doron earned his 

PhD in history from Texas A&M. 

Michael Doron applied to EWU's College of Business and Public Administration 

(CBPA) to become a professor of accounting in a tenure-track position. Rex Fuller was 

then the dean of the business school, and Professor Arsen Djatej sat on the hiring 

committee. Djatej had met Doron at a conference and encouraged Doron to apply for a 

position with EWU. 

Before offering Michael Doron employment, Dean Fuller and Professor Djatej 

discussed whether Michael Doron would be "academically qualified" for purposes of 

EWU's College of Business and Public Administration's accreditation with the 

Association to Advance Collegiate Schools of Business (AACSB). The association is 

regarded as the benchmark for gaging business school quality among the academic 

community. According to Jerry Trapnell, Special Advisor to the President of AACSB, 

the Association expects accredited business schools to employ "highly qualified" faculty 

as effective classroom teachers committed to continuous improvement. Clerk's Papers 

(CP) at 2591. A "qualified faculty member" is "one that demonstrates currency and 

relevancy in hislher academic discipline to ensure that the classroom environment is 

supported by the recent and relevant information from theory and practice." CP at 2591. 

3 


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Doron v. Eastern Washington Univ. 

For accreditation purposes, schools must classify and justify each and every faculty 

member. 

According to EWU Provost Rex Fuller, "academically qualified" requires 

publishing papers in the field of accounting. AACSB would consider Michael Doron, 

with a degree in history, to hold a degree in a field other than accounting. Therefore, for 

1 

Doron to be "academically qualified" under AACSB standards, Doron "would have to 

consider ways to publish in more direct areas of accounting, such as auditing and other 

fields that he was assigned to teach." CP at 1423. Under AACSB standards: "The 

greater the disparity between the field of academic preparation and the area ofteaching, 

the greater need for supplemental preparation in the form of professional development 

linked to the area ofteaching." CP at 2593. The standards also read: "Regardless oftheir 

! 

1 

specialty, work experience, or graduate preparation, the standard requires that faculty 

members maintain their competence through efforts to learn about their specialty and 

how it is applied in practice." CP at 2593. A potential problem arose with EWU's hiring 

ofMichael Doron since the Department of Accounting and Information Systems did not 

offer an accounting history class. 

Dean Rex Fuller spoke to Michael Doron about the need to publish in a direct area 

of accounting. Doron asked if coauthorship with another would meet the requirement, 

and Fuller answered "yes." Arsen Djatej also spoke to Rex Fuller about coauthoring with 

Michael Doron. 

4 
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I 

i 

Doran v. Eastern Washington Univ. 

I To retain accreditation, 50 percent of a business school's instructors must be 

"academically qualified under AACSB standards." Fuller and Djatej agreed that Doron's 

I PhD in history, and dissertation in accounting history, would qualify as a "related field" 

I to accounting. So long as Doron's research and publications related to his field of 

teaching and demonstrated "currency and relevancy," Doron could be academically I qualified. Accounting research is more empirical in nature than historical research. The 

I history of accounting is more history than accounting. 

I Arsen Djatej promised to train and help Michael Doron meet EWU's research 

expectations. Djatej later testified: 

I 

1 And part of the reason he approached me, because we had a 

somewhat similar background, academically I mean. And I told [Doron] 

that I did a transition myself to empirical study and I know the pattern, so I 

will help him to do the pattern; I will train him and mentor him to do the 

1 same thing. That was the discussion before [Doron was hired.] 

I [T]he general idea when it comes to research was, when he comes, I 


will be the one who would share my experiences making transitions from 


what we call qualitative research to more quantitative, empirical type of 


research. And that was the general understanding. 
 1 


1 
 CP at 1436·37. Doron similarly testified: 


I [Ilt was part of my understanding I was recruited to come to Eastern 


1 


to work with Arsen [Djatej]. He would be co· authoring papers. If you 


want to say that was a promise ofpart of my employment, I guess it does 


qualify as that, yes. 


It was my expectation that when I came to Eastern, that's what 

would be happening. Arsen has some projects, one or two of them he 

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Doron v. Eastern Washington Un/v. 

would bring me on, and I would be doing some work for him on those 

projects and I would be co-author. 

Q: And who do you claim made that promise to you? 

A: [Doron continuing] There was-well, Arsen obviously, is the one 

who had to make that promise. 

CP at 1456. 

On February 28, 2009, a member of the hiring committee, whose name is removed 

from the message, e-mailed Arsen Djatej, writing: 

Dinner went well with Mike [Doron]. He's talking about where to 

locate in Spokane when he gets here. If we get an offer out soon, we 

should have an excellent chance to hire him. Your assurances of support 

for his research made a big difference in his attitude. 

The dean [Rex Fuller] also made a good impression and discussed 

summer support with Mike. The dean indicated that Mike's research in 

accounting history will be accepted at EWU as long as it is in a [peerreviewed journal]. 

CP at 1463 (emphasis added). 

On March 5, 2009, business school Dean Rex Fuller offered Michael Doron a 

probationary, six-year tenure-track position with EWU as an Assistant Professor of 

Accounting and Information Systems (AIS), a department within the School of Business 

and Public Administration. A written offer set a base salary of $85,000 and allowed an 

$8,000 increase "upon the acceptance/publication of two peer reviewed journal articles 

(PJRs) in accounting," afforded summer research stipends, and granted reimbursement of 

up to $2,500 in moving expenses. CP at 228. The offer letter specifically noted: 

This offer is contingent upon receipt of satisfactory transcripts from 

all institutions of higher education you have attended. All other conditions 

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of employment are set forth in the Collective Bargaining Agreement 

between Eastern Washington University and the United Faculty of Eastern, 

University rules, policies and procedures, and applicable state and federal 

laws. 

CP at 228. 

On March 17,2009, EWU re-extended the same offer, but with a starting salary of 

$93,000. The March 17 letter stated: "If you believe you have been promised anything 

that is not included in this letter, do not sign and return the letter until you have called the 

Provost and Vice President for Academic Affairs." CP at 231. On March 30, 2009, 

Michael Doron accepted EWU's offer. Doron later testified that he accepted based upon 

Arsen Djatej's and Rex Fuller's promises that Djatej would be available to coauthor 

academic papers with Doron. 

The CBA between EWU and the UFE governed Michael Doron's employment. 

Many sections of the agreement are critical to this appeal. Section 1.1 appointed UFE as 

the "exclusive bargaining representative regarding matters of wages, hours, and terms 

and conditions of employment ... [for] employees of the University who are designated 

with faculty status." CP at 235. Section 3.3 of the CBA, "Authority for Appointment 

and Reappointment," provides: "Only those terms of employment that are made in 

writing to the appointees shall be binding upon the University." CP at 237-38. 

Section 4.1.2 of the CBA imposed on Michael Doron, as a new professor, a 

probationary period of six years. Under the CBA, probationary faculty must be reviewed 

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and reappointed annually. Section 5.3.1, under "Retention of Probationary Faculty," 

states: 

(a) Full-time faculty on probationary status will be evaluated 

annually, regardless of contract length, by the chair and by the personnel 

committee to determine reappointment. Probationary faculty will be 

provided with timelines relative to retention decisions. Such evaluations 

will be based upon progress in meeting goals outlined in the F AP. It is 

expected that the F AP will be in effect throughout the probationary period 

unless modified by mutual agreement between the faculty member, chair, 

personnel committee, dean, and Chief Academic Officer. 

(b) As part of the evaluation process, the department/library will 

provide the faculty member with an annual assessment ofprogress on the 

FAP and a recommendation regarding probationary status. The evaluation 

will be signed by the faculty member and retained in her/his official 

personnel file in the Human Resources Office. Ifperformance 

shortcomings are identified through the evaluation process, the 

probationary faculty member shall be provided with a plan to correct the 

performance shortcomings which includes timelines for improvement. The 

plan will be created by the chair and the affected probationary faculty 

member, and will be approved by the department/library personnel 

committee, the college personnel committee (if applicable), the dean and 

the Chief Academic Officer. 

(c) The department/unit personnel committee and the chair shall 

each forward a recommendation to the unit dean as to whether the faculty 

member should be: 

(i) Continued on probationary status. 

(ii) Continued on probationary status with an improvement plan. 

(iii) Removed from probationary status and continued as a special 

faculty member, except as defined in Section 5.4.4(d). 

(iv) Given notice that their appointment will not be renewed or will 

be terminated according to the timelines described in Section 5.3.5 

below. 

CP at 242-43. 

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Section 5.3.4 of the collective bargaining agreement, titled "Probationary Contract 

for Third Year Faculty," states: 

Following the third successful year of a probationary appointment, 

faculty will be provided with a three-year probationary contract. If 

performance shortcomings are identified through the annual evaluation 

process during the term of such contract, probationary faculty shall be 

provided with a plan to correct the performance shortcomings which 

includes timelines for improvement. The plan will be created by the 

department chair and the affected probationary faculty member, and will be 

approved by the department personnel committee, the college personnel 

committee (if applicable), the dean and the Chief Academic Officer. 

Probationary faculty who do not resolve performance shortcomings 

following an opportunity to do so may be terminated with notice as 

provided in Section 5.3.5 below. 

CP at 244. And Section 5.3.5, "Notice of Non renewal or Termination of Probationary 

Contract," provides: 

(b) Notice of intent not to renew an appointment for the following 

year, or to terminate a three-year probationary contract, shall be given in 

writing to the individual in accordance with the following standards: 

(i) Not later than March 1 ofthe first academic year of service ifthe 

appointment is to expire at the end ofthat year. 

(ii) Not later than December 1 of the second year ofthe 

probationary period if the appointment is to expire at the end of that 

year. 

(iii) For faculty in their third through sixth years of the probationary 

period, notice of intent not to renew shall be given no later than June 

1 for a terminal appointment that expires at the end ofthe next 

academic year. 

CP at 244. 

Section 5.5 of the CBA, under the title "Reconsideration," provides: "In the event 

of a negative recommendation by the Chief Academic Officer regarding retention, tenure 

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Doron v. Eastern Washington Univ. 


or promotion, the faculty member may file a request for reconsideration with the Chief 

Academic Officer" within five days receiving the negative recommendation. CP at 247. 

Section 5.6 describes how a faculty member is to accept or not accept reappointment, and 

provides in relevant portion: 

5.6.2 Letter of Appointment. Upon reappointment or continuation of 

appointment of a faculty member, an annual letter of appointment will be 

issued. The letter of appointment signed by the appointee shall be returned 

to the Chief Academic Officer within fifteen (I5) days of its receipt to 

indicate the appointee's acceptance ofthe conditions of appointment. 

5.6.3 Resignation. Faculty members who intend to resign their 

appointments should provide written notice to their unit dean at the earliest 

possible date. Faculty members who intend not to accept reappointment 

shall provide written notice thereof not later than fifteen (15) days after 

receipt of the letter of appointment. 

CP at 250. 

Michael Doron's Faculty Activity Plan (FAP) is at the center of this dispute. The 

CBA requires each faculty member to develop a F AP. Section 7.3 of the CBA reads: 

7.3.1 Plan Content 

The F AP shall be consistent with the University mission and 

Strategic Plan, college, library, and department strategic plans, [Policies 

and Procedures (P&P)], and the [CBA]. The FAP shall include all areas of 

professional activity, development, and expected performance; describe an 

equitable workload; and include any other expectations as required by 

department or college/library P&P. Where the FAP is intended to lead to 

tenure and/or promotion the plan shall so state. 

7.3.2 Development of the FAP 

(a) Development of the FAP is a collaborative process. All 

continuing faculty members shall, in consultation with the 

department/library personnel committee and the department/library chair, 

prepare a F AP specifying areas of activity for the period of the plan. A new 

faculty member's FAP shall be prepared no later than the conclusion of the 

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Doron v. Eastern Washington Univ. 


first academic quarter covered by the plan. 

7.3.3 Approval of the F AP 

(a) The FAP, including any agreed amendments or revisions made 

as a result of the collaborative development process described in Section 

7.3.2, must be signed by the faculty member, and approved by the 

department/library personnel committee, chair, dean and the Chief 

Academic Officer. At the option of the college, and as expressed in the 

college P&P, FAPs may also require approval by the college personnel 

committee. A copy of all approved F APs will be retained in the Human 

Resources Office. 

(b) If a F AP is not approved by the department/library personnel 

committee, the chair, the college personnel committee (if required by the 

college P&P), the dean or the Chief Academic Officer, the faculty member 

will prepare a revised plan in consultation with the department/library 

personnel committee and the chair. If an acceptable plan is not prepared by 

the end ofthe subsequent quarter, the chair and department/library 

personnel committee will revise the plan in a manner that meets with the 

approval of the college personnel committee (if applicable), the dean and 

the Chief Academic Officer. Any dispute over the contents of the revised 

F AP will be resolved by the Chief Academic Officer. The revised F AP will 

govern the faculty member's approved activity for the period of the plan. 

CP at 251-52. The initial term for an 'assistant professor's FAP is six years. 

Section 7.3.5 allows modifications of a F AP. The section reads: 

Modification of the Plan. F APs may be modified during their term. 

A faculty or the chair may request in writing a modification. All 

modifications are subject to the same approval process as the original F AP. 

CP at 252. 

Article 13 ofthe collective bargaining agreement addresses discipline of a faculty 

member. The article reads in part: 

13.1 Just Cause. No faculty member shall be disciplined or 

discharged without just cause. Just cause guidelines commonly used by 

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Doron v. Eastern Washington Univ. 

arbitrators are set forth in Appendix A. 

13.2 Progressive Discipline. The University shall apply where 

appropriate the principles ofprogressive discipline which include, but are 

not limited to, the following steps: verbal warning, written warning, 

suspension without pay and, finally, discharge. The University will not be 

required to apply progressive discipline where the nature of the offense 

calls for immediate discharge or imposing discipline without progression. 

CP at 1843 

Meanwhile, as Dean Rex Fuller, Professor Arsen Djatej, and Michael Doron 

negotiated EWU hiring Doron; Djatej sought and interviewed for a teaching position at 

Colorado State University. Djatej did not inform Doron that he might leave EWU for 

Colorado prior to Doron accepting the position at EWU. 

On March 15,2009, another member ofthe hiring committee e-mailed Arsen 

Djatej, writing: 

1. Since Mike Doron agreed to come here mostly to work with you, 

you ought to let him know if/when you decide to accept the position at CO. 

2. As Rex [Fuller] already knows about the offer [from Colorado], is 

it ok with you if! let Sue [Megaard] and Bill know you've got a $120K/yr 

offer with tenure? I'd like to see if we might be able to match the $ and 

tenure. 

CP at 1465. Dean Rex Fuller thus knew before Michael Doron accepted employment 

with EWU that Professor Djatej might leave EWU for Colorado, but did not inform 

Doron ofthis possibility. Fuller testified: "I didn't think it was something I needed to 

talk to Michael about. Michael and Arsen had ongoing conversations, and my 

assumption was that that was made known through their conversations." CP at 1425. 

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No. 31636-0-III 

Doron v. Eastern Washington Univ. 

Three weeks after Michael Doron accepted EWU's offer, Doron learned that 

Arsen Djatej was leaving for Colorado. In summer 2009, Michael Doron expressed 

concerns to Rex Fuller that Djatej no longer had an incentive to work with him. Fuller 

insisted that, given modem technology, Doron and Djatej would still be able to coauthor 

papers together. 

On October 9,2009, Michael Doron e-mailed Arsen Djatej, "This is the paper I 

presented in Cardiff. The section I want to expand into a separate paper is pp. 21-4." CP 

at 1468. Within an hour, Djatej responded: 'Thanks Mike, I will read it over the 

weekend and get back to you some time next week." CP at 1468. Djatej did not. 

In November 2009, in his first quarter ofteaching, Michael Doron developed his 

Faculty Activity Plan. In relevant portion, Doron's FAP provides: 

2. Quality of Teaching 

I must demonstrate acceptable levels of quality in teaching 

effectiveness, curriculum development, and student advising. 

I am currently in the eighth week of my first quarter at EWU. I am 

teaming ACCT 450, Auditing I, and BADM 560, MBA Accounting. My 

goal this quarter, in addition to competently teaching the material, is to 

develop a familiarity with the skills and needs of the students in these 

courses. This will provide me with the perspective to develop these courses 

further in the future. 

The CBPA [College ofBusiness and Public Administration] 

prioritizes excellence in the classroom. When I interviewed for this 

position, I was impressed with the dedication and coordination among the 

faculty to preparing both undergraduate accounting majors for careers in 

accounting and future managers in the MBA program to understand and 

evaluate accounting information they confront in their work. I intend to 

contribute to this commitment to our students. To assess my teaching 

effectiveness, my plan is to use the metric built into the IDEA instrument, 

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Doron v. Eastern Washington Univ. 

in particular Question 41 on the IDEA form, "Overall, I rate this instructor 

as an excellent teacher" which has a five point scale. My objective is to 

maintain an average of median ratings of3.0 for my classes over the plan 

period. 

I hope to teach all sections offered of ACCT 450, Auditing I, and 

BADM 560 and 505, the MBA Accounting courses. This will require a 

thorough understanding of the CBP A's and the AIS [Accounting and 

Information Systems] department's objectives for these courses and the 

skills and needs of our students. This quarter, I am relying both on my 

experience of the objectives of these courses and on the advice of my 

colleagues in the CBP A. In the Winter 2010 quarter, I will be teaching 

ACCT 450 again as well as BADM 505, and in Spring 2010 I will be 

teaching BADM 560. By the end of my first year, based on my experiences 

along with feedback from students and my colleagues, my goal is to 

prepare a comprehensive plan of how to meet the objectives of these 

courses and have a procedure in place to stay current on topics relevant to 

these courses. 

My workload has been set via the EWU Collective Bargaining 

Agreement, so that it may not exceed 36 credit hours. The College of 

Business and Public Administration Assigned Time Policy allows a 

reduction of teaching load for appropriate research activities that assist the 

College. Under this policy, I expect a teaching load no greater than 28 

credit hours, provided I meet the eligibility requirements set forth in the 

College Policy. 

I understand that I must be available to my students for career 

advising and for assistance with their coursework. The currently accepted 

norm is to be available to students and faculty in my offices for at least five 

hours per week. I will also be regularly available via email and voice mail. 

3. Quality of Research and Scholarship 

I must demonstrate an acceptable level of research and 

scholarship centered on the business aspects of my areas of interest. 

Minimally, five journal articles must be published during the six years 

prior to my tenure consideration. These must be in blind-refereed 

journals or in journals of national stature, with the provision that up to 

two may be replaced by publications in refereed conference 

proceedings at a rate of two proceedings for one refereed article .... 

I currently have one publication in a blind-refereed journal, 

Accounting History, in August, 2009. In September, 2009, I published a 

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Doron v. Eastern Washington Univ. 


paper, adapted from my dissertation, in the refereed conference proceedings 

of the Accounting, Business, and Financial History conference in Cardiff, 

Wales. 

Based on the suggestions I received at the ABFH conference, I plan 

to revise this paper and submit it to the Accounting Historians Journal, a 

blind-refereed journal, before the beginning of academic year 2010-11, with 

the expectation that it will be accepted during the 2010-11 year. 

I am currently writing a third paper adapted from my dissertation. I 

hope to submit this in March, 2010, for presentation at the Accounting 

History conference in Wellington, New Zealand in August, 2010. This is 

also a refereed conference proceeding. My goal would be to submit this 

paper to a blind-refereed accounting history journal in 2011, with the 

expectation that it would be accepted during the academic year 2011-12. 

If I am able to meet the above goals, I will have three sole-authored 

publications in blind-refereed journals and two presentations at conferences 

with referred proceedings at the end of my third academic year at EWU. 

I have plans for a second project upon completion ofthe above 

work. I have identified the sources to be used. These include trade journals 

from the nineteenth century that span several decades and have never been 

utilized for accounting history research. I expect this work to yield 

multiple sole-authored publications in blind-refereed accounting history 

journals, which I can begin to submit before my probationary status at 

EWU ends in 2015. 

CP at 314-15 (emphasis in original). By the end of 2009, all necessary university 

administrators approved Doron's FAP. 

On December 6,2009, Michael Doron e-mailed Arsen Djatej about another article 

idea, and possibly submitting it to the March 2010 conference in New Zealand. 

After one quarter of teaching at EWU, the AIS Department Chair Elizabeth Murff 

and the AIS Department Personnel Committee both recommended retaining Michael 

Doron. On January 7, 2010, Murff wrote Dean Rex Fuller to recommend retaining 

Doron for the 2010-11 academic year. Murff noted that Doron had published one peer15 

No. 31636-0-III 

Doron v. Eastern Washington Univ. 

reviewed article, and she commented: "At this rate, he is on track at this time towards 

meeting the requirements set forth in his F AP for attaining promotion and tenure." CP at 

380. Murff also noted that student evaluations were not yet available. On January 19, 

2010, the AIS Department Personnel Committee wrote Fuller also recommending 

"Michael Doron's contract be renewed." CP at 382. The committee wrote: "We 

acknowledge that Professor Doron has successfully satisfied all requirements of a firstyear assistant professor." CP at 382. 

On February 3, 2010, Department Chair Elizabeth Murff summarized her peer 

evaluation of Michael Doron's teaching to Dean Rex Fuller. Murffwrote: "Dr. Doron is 

developing into an excellent instructor as he is rigorous in his expectations, current in 

terms of course content, well organized in presenting this content and rapidly developing 

beyond the presentation and engagement skills ofa new assistant professor." CP at 385. 

On February 4,2010, Dean Rex Fuller wrote EWU's Provost and Vice President 

for Academic Affairs John Mason to recommend "renewal of Dr. Doron's contract for 

201O-1l." CP at 388. Fuller's memorandum addressed Doron's service to the 

community, teaching, and research. For service, Fuller noted that Doron served on the 

Graduate Affairs Council, which was sufficient for a first year faculty member. For 

teaching, Fuller wrote: "The student comments are mixed; however, like many new 

faculty [Doron] is adjusting his teaching approach to the level of students in the senior 

and MBA courses." And for research, Fuller wrote: 

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Doron v. Eastern Washington Univ. 


Dr. Doron completed his dissertation, published one peer review 

journal article, and presented one paper. These scholarly works are directly 

related to his discipline and are appropriate in meeting accreditation 

expectations for academically qualified faculty. In addition, he has several 

works in progress, suggesting an on-going research agenda. At this 

juncture he is meeting expectations in this area of responsibility. 

CP at 388. In short, during Doron's first year of service, his research program produced a 

peer reviewed journal article and two international conference papers based on his 

dissertation research. 

On February 15,2010, Arsen Djatej responded to Michael Doron's October 9, 

2009 e-mail: 

Dear Mike, I finally read the article. I think there are some really 

good ideas in it. Now the question is where and how do you want to take 

it? We can rapidly convert it to an empirical research but I need some kind 

of data. Also, I am preparing for NZ conference in summer do you want to 

do something together? I have some ideas. Give me a call when you can. 

CP at 1467. 

On May 20,2010, Michael Doron signed his "Faculty Workload for A Y 2010· 

2011," which covered his second year at EWU. The document described his intended 

scholarship: 

I will be presenting a paper at the 6th Accounting History 

International Conference in Wellington, NZ in August, 2010. This is a 

refereed, published conference proceeding. I have submitted a paper to the 

Accounting Historians Journal that I hope to have accepted in 2010. This 

summer I hope to complete another paper, "The AICP A and the Campaign 

for the Natural Business Year," that I will submit to the journal Accounting 

History in 2010 with the hope that it will be accepted in 2011. I have 

begun work on another paper, covering the original intent ofthe accounting 

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provisions of the Securities Acts of 1933 and 1934. I am currently reading 

the eleven-volume Legislative History of the Securities Acts, and am 

planning a trip to the Library of Congress in Washington, DC to study the 

papers of James Landis, the chief author of the Securities Acts. 

Both Elizabeth Murff and Rex Fuller approved Doron' s 2010-11 faculty workload. CP 

392. 

Arsen Djatej returned to EWU from Colorado in the summer of 20 1 0 when EWU 

offered him tenure, new databases for research, and a bigger office. On July 1,2010, Rex 

Fuller transitioned from Dean of the School of Business and Public Administration to 

Eastern Washington University's Interim Provost and Vice President for Academic 

Affairs. In this role, Fuller also served as ChiefAcademic Officer. Niel Zimmerman 

replaced Fuller as Dean ofEWU's College of Business and Public Administration. 

The AIS department personnel committee for Michael Doron's second annual 

review consisted of Arsen Djatej, Sue Megaard, and Duanning Zhou. The committee 

reviewed Doron based on his service to the community, teaching, and research. On 

October 18, 2010, the committee wrote Department Chair Elizabeth Murff to outline their 

concerns and recommendations. The committee's review of Doron was negative. 

The personnel committee wrote that Doron attempted to modify one Masters of 

Business Administration (MBA) course, and eliminate another, unilaterally. "[Doron] 

was informed by a senior accounting faculty member, Dr. McGonigle, that he did not 

own the courses that he is attempting to modify or eliminate and that he needed to discuss 

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Doron v. Eastern Washington Univ. 


such plans and get the approval of the accounting faculty and AIS Department Chair 

before he went forward. According to Dr. McGonigle, Dr. Doron became indignant 

when he heard these comments." CP at 395. The committee "recommended that a 

different accounting faculty member be appointed to the MBA Committee." CP at 396. 

The personnel committee further wrote, in its October 18 review: 

Overall, Dr. Doron's teaching effectiveness is weak at this point of 

his career. Although it is understandable for a first year faculty member 

trying to identify relevant teaching methods, there are some significant 

concerns from this committee: 

1. In BADM 560 (MBA Accounting) class, Dr. Doron's students 

evaluation declined from 3.8 in the fall of2009 to 2.8 in the spring of2010, 

which is the bottom 10% comparing to peers. 

2. Students complained that Dr. Doron only taught 2 hours in 4 hour 

classes. 

3. Students complained that Dr. Doron didn't leave the classroom 

when students were conducting teaching evaluations. 

4. Students complained that Dr. Doron didn't make prior 


arrangement to cover his classes when he left for a conference. 


5. Students complained that Dr. Doron didn't give clear paper/case 

grading instructions. 

Considering the results ofthe students['] evaluation and the 

comparison results from IDEA, it is apparent that Dr. Doron is unable to 

effectively teach BADM560 and ACCT 251 courses. Due to the staffing 

specifics ofthe accounting program ofCBPA, faculty are required to teach 

in different accounting subject areas. Unfortunately, at this point,Dr. 

Doron's capacity cannot be utilized outside of teaching Auditing I course, 

which is only offered two sections per year. 

CP at 395. 

The personnel committee also wrote: 

Dr. Doron has published two peer reviewed journal articles in 

accounting history in his first year at EWU. He has also presented his 

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papers at conferences. The Academy ofAccounting Historians has 

awarded Dr. Doron the 2010 Vangermeersch Manuscript Award for his 

paper "I Ask the Profession to Stand Still: The Evolution of American 

Public Accountancy, 1927-62." Dr. Doron is commended for his 

publication efforts in his first year at EWU. 

However, both the CBP A and AIS Policies and Procedures require 

faculty to publish in the subjects oftheir teaching responsibility. No 

accounting history courses exist at EWU for Dr. Doron to teach. Therefore, 

he will need to publish articles related to current auditing and accounting 

topics to be clearly within CBP A and AIS department policies. 

The College Policies and Procedures state that faculty with Dr. 

Doron's qualifications will be considered academically qualified (AQ) "if 

they maintain active involvement in the areas of teaching responsibility 

through writing ..." These policies are intended to be fully compliant with 

AACSB-International standards for AQ status in order to assist in 

maintenance ofEWU's business accreditation. 

The AIS Department Personnel Committee recommends that Dr. 

Doron engage in appropriate research and publication in current accounting 

and/or auditing to clearly support his AQ status under AACSB standards. 

In essence the committee is recommending a balanced approach between 

publications in accounting history and peer reviewed publications of 

accounting and auditing research related to his teaching areas. 

CP at 394. The evaluation did not mandate that Michael Doron cease research and 

writing on the history of accounting, but noted the lack of connection between the 

research and writing, on the one hand, and his teaching assignments, on the other hand. 

At the end ofthe October 18, 20 I 0 evaluation, the personnel committee 

commented on Michael Doron's collegiality: 

Dr. Doron has clearly rejected needed input from his colleagues. 

The AIS department chair and college dean arranged for Dr. Djatej to 

mentor Dr. Doron this year upon his return to EWU. However Dr. Doron 

demonstrated a lack of interest in being mentored. For example, when Dr. 

Djatej attempted to counsel Dr. Doron on appropriate and official ways of 

dealing with perceived issues in MBA-related accounting courses, Dr. 

20 

No. 31636-0-III 


Doran v. Eastern Washington Univ. 


Doron appeared reluctant to accept the input on these matters. This again 

demonstrates that Dr. Doron is not a team player and that he lacks 

collegiality. It is recommended that Dr. Doron be mentored by a different 

suitable tenured faculty member, provided that faculty member agrees. 

Furthermore, Dr. Doron's unwillingness to cooperate has amplified his lack 

of collegiality to the point that written communications ofthis nature are 

unfortunately the best means of communication. 

CP at 396. After giving "serious consideration to non-renewal" the AIS Department 

Personnel Committee recommended that Michael Doron "continues on probationary 

status but with an improvement plan." CP at 396. 

In an October 25,2010, letter to Business School Dean Niel Zimmerman, 

Elizabeth Murff echoed the AIS Department Personnel Committee's concerns and 

recommendations concerning Michael Doron. Murff recommended that Doron: 

1. Continue on probationary status with an improvement plan (see 

part 4) in accordance with section 5.3.1 (c )(ii) ofthe Collective Bargaining 

Agreement. 

2. Keep the same teaching load next year as he had this year (24 

credits), although different courses may be assigned to reduce the time 

stress by reducing the number of preps. 

3. Have his workload rebalanced immediately by reallocating time 

into research by reducing his service component to serving as faculty 

advisor to Beta Alpha Psi only. 

4. Must develop an improvement plan in accordance with section 

5.3.I(b) of the Collective Bargaining Agreement by the first week of 

Winter Quarter 2011. As my discipline is not accounting, I am requesting 

that Dr. Doron develop this plan with input from a senior accounting 

faculty mentor familiar with teaching and research in the accounting 

discipline. It is Dr. Doron's responsibility to identify this mentor. This 

plan needs to specifically address the deficiencies noted above in teaching 

effectiveness and research in current accounting/auditing practices. The 

plan must include specific benchmarks for evaluating progress, including 

appropriate deadlines, and needs to be approved by the department chair, 

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Doron v. Eastern Washington Univ. 


the department personnel committee, the dean, and the chief academic 

officer at EWU. Progress with respect to this improvement plan will be 

evaluated during the 3rd to 3-year reappointment process in the spring of 

2012 so that an appropriate decision with respect to retention can be made 

at that time. 

CP at 403-04 (emphasis in original). 

Both the AIS Department Personnel Committee and Department Chair Elizabeth 

Murff stated that each would respectively recommend nonrenewal the following year if 

Michael Doron did not successfully complete an improvement plan. 

On October 29,2010, Elizabeth Murff and Sue Megaard, as member of the AIS 

Department Personnel Committee, met with Michael Doron to present their concerns and 

recommendations. At the meeting, Murff told Doron "there are problems with your 

teaching and research," "we don't teach accounting history here," and you "may be a bad 

fit" at EWU. CP at 472. Doron replied that, ifEWU did not want him researching 

accounting history, "someone made a mistake in hiring me." CP at 173,472. Michael 

Doron feared he might "be immediately fired." CP at 718. Doron also feared that an 

improvement plan would change the direction of his academic research. 

After his meeting with Elizabeth Murff and Sue Megaard, Michael Doron phoned 

Provost Rex Fuller. Fuller recommended Doron contact Gary Krug, president of Doron's 

union, the United Faculty ofEWU, to discuss his concerns regarding his second year 

evaluation. 

On October 30, 2010, Michael Doron e-mailed Gary Krug: 

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No. 31636-0-111 

Doran v. Eastern Washington Univ. 

Rex Fuller recommended I get in touch with you. My relationship 

with my colleagues and dept. chair in the Accounting and Information 

Systems Dept. has become strained over issues relating to my F AP and 

reappointment. I need to know my rights and responsibilities in the 

process. If it would be possible for you to meet with me this weekend, that 

would be very helpful as the dept. is asking me to begin developing an 

improvement plan on Monday. Thanks very much. 

CP at 1052. Doron and Krug met twice to discuss Doron's concerns. Doron provided a 

copy of his F AP to Krug. Doron expressed his concern that any improvement plan would 

be inconsistent with his approved F AP . 

On November 5, 2010, the AIS Department Personnel Committee wrote Elizabeth 

Murff to recommend that Michael Doron no longer teach two upper level accounting 

courses. The committee wrote: "Before he can return to BADM 505 or 560, he needs to 

complete this remediation in ACCT 252 and possibly teach ACCT 356 and 357 as well." 

CP at 2364. 

On November 9,2010, Gary Krug and UFE Chief Steward Chris Kirby met with 

Elizabeth Murff, Niel Zimmerman, and Arsen Djatej "to discuss the issues raised by Dr. 

Doron, to try to understand the position of the department and the dean, and to begin 

trying to talk through a resolution to the problem." CP at 1027. Krug did not invite 

Michael Doron to attend this meeting. Those attending agreed that any modification to 

Doron's F AP would require Doron's approval. 

On November 10,2010, Dean Niel Zimmerman wrote Provost Rex Fuller: "With 

the understanding that an Improvement Plan will be in place no later than the end of the 

23 

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Doron v. Eastern Washington Univ. 


first week of Winter Quarter 2011, I support the retention ofDr. Michael Doron for his 

3rd year at EWU." CP at 406. Zimmerman sent copies of this letter to Elizabeth Murff 

and Michael Doron. 

Michael Doron met with Elizabeth Murff and Arsen Djatej twice in November 

2010. Doron testified about those meetings: 

I said that what I wanted done was that my second-year evaluations 

be redone and state that I am meeting all ofthe standards in my F AP. And 

I said once that's taken care of, then we will start talking about how to 

improve my teaching and my research. I said if you want me doing 

research in areas outside of accounting history for AACSB standards, that 

makes perfect sense. When I was hired, it was understood that I would be 

working with Arsen, and we can do that again. I will work with Arsen. 

You want me teaching other courses, I will teach other courses. 

Coauthoring a paper with Arsen, it was impossible until Arsen got in 

touch with me and said, ~'Here's the project we're coauthoring." As I said, 

it's Arsen's project; it's dependent on Arsen. I had said very clearly, "I'm 

open to that. I've always been open to that. I was hired to do that. Let's 

go for it." But Arsen is the one who would have to go ahead and make that 

happen." 

CP at 722, 740. 

Michael Doron further testified: 

Q Was there anything you asked him [Arsen Djatej] to do 

specifically that he didn't do? 


A No. 


CP at 1457. 

In a critical passage in his deposition, Michael Doron declared: 

Q At any point in time did he refuse to co-author papers with you? 

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Doron v. Eastern Washington Univ. 


A As I said, there was no explicit rejection of that. That didn't 

happen, no. 

Q So was there ever an explicit promise made by Arsen that he 

didn't fulfill? 

Mr. Kirby: Objection: asked and answered. 

A I would like to give a longer answer to that. That's not something 

that I can say yes or no. 

Q By (Ms. Clemmons): Okay. 

A I was hired explicitly with the understanding that I would be coauthoring with Arsen, and he left. Then I was left to start at Eastern 

without being able to rely on him because he was no longer employed at 

Eastern. 

So I have got my research going on which is this accounting history, 

what I do. So I wrote up my F AP talking about what I can do, what I plan 

to do with accounting history, and it gets approved. And everything is fine 

for a year. 

Then the second year evaluations, they say that what I have been 

doing for the last year, what they explicitly signed off on isn't working. 

And so I offer right away in those first meetings that Beth [Chair Murff! 

and Arsen were at, you want me co-authoring papers with Arsen like I 

originally was hired to do, that's no problem. I will do that. And the idea 

never goes anywhere. 

Q Arsen had returned. Was there anything that would prevent you 

from co-authoring papers with Arsen after he returned to Eastern 

Washington University? 

A As I said, I was working on my stuff. Everyone had signed off on 

it. I thought what I was doing on my own was fine. I didn't need more 

projects working with Arsen. I wasn't refusing. There was no need for it. 

As soon as they told me there is a need for it, I offered: That's fine. 

You want me brought in on Arsen's projects? No problem. Just tell me 

what to do. 

Q I understand what you are saying that you started your own 

projects so you didn't see a need to co-author anything and you were not 

eliciting co-authoring. Correct? 

A Except as we've already gone through. I did try to get him to coauthor that one paper of mine. 

Q And I simply want to know if you're contending Arsen didn't do 

something that he explicitly promised he would do? 

MR. KIRBY: Objection, asked and answered. 

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Doran v. Eastern Washington Univ. 


A Yeah. I have explained exactly what did happen. Was there a 

moment when I said please bring me in on one of your projects, and he said 

no? That didn't happen. But I've explained what did happen, and I feel 

that that is him not sticking with the terms I was hired under. 

Q (By Ms. Clemmons) What did Arsen do wrong to change the 

terms? 

A The understanding was that I would be co-authoring with him. 

Once they brought it to my attention that what I was doing was no longer 

good, I said fine. Let's go back to what we originally agreed to when I was 

hired. 1'11 co-author with him. 

At that point he had a responsibility to fulfill the promise he made to 

me. Had he said, Here is the project I am working on, this is exactly what I 

want you to do, and you do this, and it will be co-authored and everything 

will be fine, and he didn't do that. And I explicitly offered I will do that if 

that's what you want. He never followed up. 

Q Did you ever go to him to say let's co-author something and this 

is what we should do other than the e-mails you referred to? 

MR. KIRBY: Objection to the form of the question. It's been asked 

and answered several times. 

Q (By Ms. Clemmons) Dr. Doron, what I just simply want to 

understand is - there is a general understanding you are going to work 

together and co-author something, but you haven't identified specifically 

what. Correct. 

A It never was identified specifically what, yes. 

Q In the discussions did you identify this is how I am going to 

approach you and it is my responsibility to tell you what to do and how the 

co-authoring would occur? 

A We never got into those kinds of details. 

Well, to some extent these were his projects. I told him I do not 

have a strong background in econometrics and computer programming. He 

said, That's fine. What you can do is maybe collect data for me, maybe 

write the literature review for the paper. And I figured, yeah, okay, I can do 

that. 

Q So you have this general understanding that you are going to 

work with someone. He is amendable [amenable] to working with you, 

correct? 

A What do you mean he is amendable [amenable] to working with 

me? I don't know that that's correct, no. 

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Doron v. Eastern Washington Univ. 


Q At the time that you reached this understanding with him, he was 

amendable to working with you? 

A Well, that's what he promised to do. So I would have to assume 

he was amendable, yes. 

Q And you promised to work with him, too, correct? 

A It was the understanding when I was hired that I would be doing 

that with him, yes. 

Q Other than the general understanding that the two of you would 

work together, was there any specific terms as to how that would occur that 

anyone violated? 

A We never set explicit terms like that. 

CP at 1458-59. 

On November 18, 2010, UFE President Gary Krug and Michael Doron met with 

Elizabeth Murff and Arsen Djatej. Doron asserted that his approved F AP remained 

viable, and should be enforced as part of any improvement plan. Krug commented that 

he represented every person there. According to Krug, he searched for "a satisfactory 

agreement that would protect Dr. Doron, that would ensure the department accreditation 

standards and the CBA was not violated." CP at 1011. To this end, Krug proposed that 

Doron rewrite his F AP. Doron declined since he wanted his existing F AP "enforced as 

written." CP at 1018. 

In a November 19, 2010 e-mail message to Gary Krug, Michael Doron expressed 

his disappointment with the November 18 meeting and with the assistance from Krug: 

As I told you last night, I am very disappointed in how the meeting 

went, particularly in your performance. I will try to schedule another 

meeting with Beth and Arsen to repair the damage that was done. I do not 

want you in attendence [sic] at this meeting. Because they obviously do not 

understand that their evaluations need to be based on my progress in 

27 
No. 3 I 636-0-III 

Doran v. Eastern Washington Univ. 

meeting my FAP, it appears they do not intend to rewrite their evaluations. 

If I am able to change their minds, we can move forward from there. If not, 

I need to know that you are willing to help me file a formal grievance 

stating that the evaluations are in violation of the CBA. I need you to give 

me a firm answer on this before I meet again with them, so I am not left in 

a position of waiving my rights. 

I also need to address your statement at the meeting last night that 

you are there to represent "everyone's interests." That was not my 

understanding when I came to you and is not what you told me in our many 

conversations. My understanding is that your role as union rep. is to ensure 

that my rights are protected under the collective bargaining agreement. Is 

this correct or not? I would like a firm answer so that I can assess whether 

I can trust you going forward. I will be anxiously waiting for your 

response, as I have to continue working on this. 

CP at 1058. 

Gary Krug responded to Michael Doron on November 21: 

I strongly advise against your taking unilateral action in your case. 

You are always free to conduct your own case if you so desire, but UFE 

cannot represent you once you begin to do so. Be further advised that the 

filing of grievances is solely the decision of UFE based on our assessment 

ofa case. 

You have some misconceptions about how these matters are 

conducted. UFE represents and enforces the contract. All members and 

entities in the bargaining unit receive equal protection and advice regarding 

the enforcing of the contract. I am not your attorney. I work for the CBA. 

Your case is complex and is based upon the F AP you presented to 

me as well as other matters raised by the Dean and the chair ofthe DPC 

[Department Personnel Committee]. I will tell youfrankly that after 

consultation with others in the UFE Executive Board I have deep concerns 

regarding your F AP as a document. It seems to fail meeting specific CBA 

criteria for an F AP given in 7.3.1, and parts of it are vague in the extreme 

making assessment difficult ifnot impossible. We are currently taking 

advice regarding the best way to proceed. I am available discuss this with 

you on Tuesday 1 :00 PM in my office when I may have further knowledge. 

CP at 1058. Gary Krug copied UFE's President ofBargaining Suzanne Milton and WEA 

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Doron v. Eastern Washington Univ. 


Organizer Gary McNeil on his response to Doron. 

On November 22, in the same e-mail thread, Doron wrote Krug: 

I still do not understand what you are telling me. I came to you to 

have an advocate in dealing with a violation of the CBA by my supervisors. 

I asked you when we first met ifI needed a lawyer and you said no, the 

union would provide me with one if I needed it, but I wouldn't need it 

because my case was "an easy one." You will also recall that prior to the 

meeting with my chair and DPC you waited in my office with me and then 

we walked into the meeting together. This is what an advocate would do. 

The last paragraph of your email is particularly troubling. We have 

discussed many times that my F AP is crystal clear on the standards I am to 

be evaluated on. I would also remind you that it is an approved F AP, all 

the way up through the Provost of Eastem Washington University. It 

would certainly not be my fault or my responsibility if the document I 

signed in good faith and have been following for a full year did not meet 

CBA standards. 

Finally, who are these people you are all ofa sudden cc'ing in your 

email to me? 

CP at 1061. Krug replied: 

As I said, working a problem is a process. On first glance, the 3.0 

median score looked ok, but it is stated as an "objective." Further, as I 

noted this FAP falls short on points of 7.3.1 and possibly other areas. The 

mission ofthe UFE, again, is to clarify and enforce the contract, the FAP, 

being a document under that contract. As such, ifthe F AP does not meet 

the CBA it is not a valid document. It does not matter who signed this 

document. This is the first time UFE has seen it and has had opportunity to 

study it in detail. UFE will recommend that the existing F AP be rejected 

and that a new one that meets the requirements of the CBA be drafted by 

the end of Winter quarter. 

Regarding your question of persons cc'd. Suzanne is VP for 

Bargaining, Gary McNeil is our state organizer. All communications 

copied to them are confidential. 

CP at 1061. 

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Doron v. Eastern Washington Univ. 


WEA representative Gary McNeil first heard of the dispute between Michael 

Doron and EWU when Gary Krug forwarded him a copy ofthe November 21 e-mail 

message. As an organizer for WEA, McNeil helped to negotiate the EWU CBA. Krug 

later testified: "Gary McNeil is someone I will consult with from time to time regarding 

cases from time to time. He sometimes has some very good ideas." CP 1012. Krug kept 

McNeil apprised of the dispute between Doron and EWU, stating "I valued his advice 

and I found him-I found him to be a good person to sound ideas from, particularly the 

idea ofthe-ofunderstanding the role ofthe FAP in all this." CP at 1014. 

On November 22,2010, Gary Krug asked for Gary McNeil's feedback on a 

proposed e-mail to EWU officials, which outlined the purported deficiencies in Michael 

Doron's F AP. When later deposed, Krug could not remember whether McNeil answered 

his request for feedback. There is no evidence in the record that he answered. Less than 

one hour after requesting McNeil's feedback, Krug sent the e-mail to Michael Doron, 

Department Chair Elizabeth Murff, and Arsen Djatej, with a copy to Provost Rex Fuller, 

Business School Dean Niel Zimmerman, and McNeil. Krug wrote: 

It is the opinion ofUFE that the Faculty Activity Plan for Michael 

Doron, dated November 20, 2009 is flawed, indefensibly vague, and not in 

compliance with the requirements for an F AP stated in the Collective 

Bargaining Agreement in effect 2009-2013. In particular the document is 

not in compliance with Article 7.3.1 and subheadings of that article. 

"7.3.1 Plan Content. The F AP shall be consistent with the University 

mission and Strategic Plan, college, library, and department strategic plans, 

P&P, and the Agreement. The FAP shall include all areas of professional 

activity, development, and expected performance; describe an equitable 

30 

No. 3 1 636-0-III 

Doran v. Eastern Washington Univ. 

workload; and include any other expectations as required by department or 

college/library P&P. Where the FAP is intended to lead to tenure and/or 

promotion the plan shall so state." 

Doron's F AP does not state that it is intended to lead to tenure and 

promotion. 

Doron's F AP is not consistent with the college P&P. 

Doron's F AP presents assessment criteria that cannot be measured 

and it does not include metrics from the college P&P. 

We do not hold this list to be exhaustive or complete. 

UFE proposes that either the Chair ofACIS or Dr. Doron requests a 

new F AP to be negotiated as is set forth in the CBA 7.3.5. This process 

should be completed by the end of Winter Quarter. 

CP at 1065. Section 7.3.5 is the previously quoted section that allows for modification of 

a F AP at the request of either the faculty member or his or her department chair. 

On November 24, 2010, Department Chair Elizabeth Murff e-mailed Michael 

Doron notifying him of his new teaching load, consisting of lower level classes and the 

need to develop an improvement plan by January 7,2011. Murff attached a revised 

faculty workload to this e-mail, which described Doron's scholarship goals as submitting 

for publication and presenting at a conference "at least one article clearly related to 

current accounting/auditing practice." CP at 787. Murffs e-mail also stated: 

In accordance with article 7.3.5 ofthe CBA dated 10/8/09-8/31113 

and Gary Krug' s email of 11122110, as department chair I am requesting a 

modification of your current F AP in order to bring it into agreement with 

the various documents mentioned in article 7.3.1 of the CBA and with 

standard 10 of our AACSB Accreditation. This process needs to be 

completed by the end of Winter quarter, March 18, 2011. 

CP at 784. 

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Doron v. Eastern Washington Univ. 


On December 1, 2010, EWU Provost Rex Fuller, as Chief Academic Officer, 

approved the reappointment ofMichael Doron, writing: 

I am pleased to inform you that I concur with the recommendations 

of your departmental colleagues, your department chair, and your dean and 

approve you for appointment, with an improvement plan, to an additional 

year in your probationary period through the 2011-2012 academic year. 

You will be reviewed for tenure and promotion during your final year of 

your probationary appointment. 

As noted by the DPC, department chair, and dean, you are required 

to develop an improvement plan by no later than the end of the first week 

of Winter Quarter 2011, pursuant to section 5.3.l.b of the Collective 

Bargaining Agreement. You should focus this plan on ways to improve 

your teaching effectiveness and demonstration of scholarly activities related 

to the expectations outlined in the department and college policies and 

procedures and your F AP. As you know, the CBA enables you to revise 

your Faculty Activity Plan for consistency with these expectations. In 

order for you to be eligible for tenure and promotion, you will need to 

demonstrate effective teaching and produce appropriate peer-reviewed 

scholarly works as outlined in your department and college policies and 

procedures. 

CP at 793. Under section 5.5 of the CBA, Michael Doron had five days from the date of 

this letter to petition Provost Fuller for reconsideration of the "negative 

recommendation." Also, under section 5.6.2 of the CBA, Doron had fifteen days to 

accept "the conditions of appointment," or, under section 5.6.3 of the agreement, fifteen 

days to provide notice of his intent to "resign." CP at 250. 

On December 1,2010, Michael Doron replied to Elizabeth Murffs November 24, 

2010 e-mail and asked that his teaching load not change. Murff denied Doron' s request 

later that afternoon. 

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Doron v. Eastern Washington Univ. 


Section 7.5.6 of the CBA governs "Disputes Over Workload" and initially requires 

UFE to contact the department chair to arrange a meeting. "If the meeting does not result 

in a mutually agreed resolution, and the UFE chooses to pursue the dispute," the union 

president refers the dispute to the Faculty Review Committee (FRC). CP at 257. 

On December 6, 2010, Michael Doron e-mailed Gary Krug to expressly request 

that UFE file a grievance against EWU for revising Doron's faculty workload without his 

consent. Krug refused to file a grievance, because he believed Doron would be best 

served by renegotiating his F AP. Doron further requested Krug refer the dispute to the 

Faculty Review Committee under Section 7.5.6 of the CBA. Krug also refused this 

request, later testifying: "Any Faculty Review Committee would have simply come back 

to the FAP, the CBA, and the P & Ps on this. With, in my opinion, a fatally flawed F AP, 

it would be a waste of time and wouldn't lead to a satisfactory resolution." CP at 1025. 

On December 10,2010, union president Gary Krug met with Dean Niel 

Zimmerman and Provost Rex Fuller. At that meeting, all agreed that Doron's FAP could 

not be changed without Doron's consent. Krug did not inform Michael Doron of this 

consensus. Krug warned Zimmerman and Fuller that if EWU pushed an improvement 

plan on any issue other than teaching, United Faculty would file a grievance. On 

December 15, 2010, UFE President Gary Krug e-mailed Michael Doron to encourage 

him to renegotiate his F AP in good faith with his colleagues. 

On December 21,2010, Michael Doron e-mailed Department Chair Elizabeth 

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Doron v. Eastern Washington Univ. 


Murff, outlining his continuing concerns. Doron began: "I have determined that 

rewriting my approved Faculty Workload, signed by you, Rex and myself last spring, 

would be a violation ofthe Collective Bargaining Agreement that I would not be 

comfortable colluding in." CP at 795. Doron noted that his workload had changed 

without his input, that he did not receive sufficient notice in violation of the CBA, and 

that the revised workload set goals in a scholarship exceeding the scope of his F AP. 

Doron concluded: "If I am forced to teach ACCT 252, it will be with the understanding 

that I believe this to be a violation of the Collective Bargaining Agreement and that I am 

not waiving any rights to pursue legal remedies in the future." CP at 795. Doron 

forwarded this e-mail to Gary Krug. 

On January 1,2011, Niel Zimmerman e-mailed Michael Doron to confirm that 

Doron would teach Accounting 252. Zimmerman noted that Doron was "free to continue 

to dispute this assignment," but failure to "show up ... may be the basis for discipline." 

CP at 820. Doron confirmed that night that he would teach the class. 

On January 3, 2011, Elizabeth Murff e-mailed Michael Doron to remind him that 

he needed to develop an improvement plan by January 7. Doron responded on January 5: 

The Collective Bargaining Agreement states that "Full-time faculty 

on probationary status will be evaluated annually" and that these 

"evaluations will be based upon progress in meeting goals contained in the 

FAP" (Article 5.3.la). In discussing Improvement Plans, the CBA goes on 

to explain that "if performance shortcomings are identified through the 

evaluation process, the probationary faculty member shall be provided with 

a plan to correct the performance shortcomings" (Article 5.3.1b). As I have 

34 

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Doron v. Eastern Washington Univ. 


pointed out several times, I am meeting, in fact exceeding, all of the 

standards in my approved F AP. It would therefore be a violation of both 

the spirit and the letter of the Collective Bargaining Agreement for an 

Improvement Plan to be prepared in my case. I will not participate in this 

process and will not agree to any changes to my F AP. I am enclosing a 

discussion of the issues identified in our conversations and emails. 

CP at 822. In the attached document, Doron summarized that he was hired to conduct 

research in accounting history, his FAP embodies that expectation, and EWU encouraged 

him when he successfully presented a paper on accounting history in New Zealand. 

In a deposition, EWU questioned Michael Doron: 

Q: Request for Admission No. 16 states: "Please admit that you 

refused to accept Eastern Washington University's conditional offer of 

reemployment for the 201112012 school year." 

Your response after an objection states: "Admit that Doron 

believed that EWU violated the CBA by conditioning renewal ofDr. 

Doron's probationary appointment upon Dr. Doron developing an 

Improvement Plan which required Dr. Doron to revise his approved F AP 

without Dr. Doron's consent. 

"Further admit that Dr. Doron did not develop an 

Improvement Plan after EWU refused to provide assurances that Dr. Doron 

would not be required to revise his approved F AP." 

"Otherwise deny." 

That really doesn't respond to the question. 

Did you refuse to accept a conditional offer from EWU of 

reemployment that would have included an Improvement Plan for the 

201112012 school year? 

A: I did finally -- that e-mail --well.this one that you have already 

shown me, I said I will not participate in writing an Improvement Plan. 

They then went ahead and didn't reappoint me on that basis. 

Q: Didn't they, in fact, draft an Improvement Plan for you and make 

an offer that any reemployment would be conditioned upon the 

Improvement Plan? 

A: Beth [Chair Elizabeth Murff] did write up -- well, I don't know if 

it was an Improvement Plan. It was a new workload. 

35 

No. 31636-0-III 


Doron v. Eastern Washington Univ. 


Well, yeah, I don~t know that that was an Improvement Plan. 

She sent me a workload that she had written up. I don't know that they 

ever sent me an Improvement Plan. 

Q: Did you get a conditional offer of reemployment for the 

201112012 school year from Eastern Washington University? 

A: Yeah. I believe a letter from Rex said with the understanding 

that you develop an Improvement Plan. Yes, I think that's right. 

Q: 	Do you consider that a conditional offer of reemployment? 

[Doron~s Counsel]: Objection to the form of the question. It 

requires a legal conclusion. 


Try to answer it. 


A: Yes, that's how I understood it. 

Q: (By Ms. Clemmons) Did you reject the conditional offer of 

reemployment for the 201112012 school year? 

[Doron's Counsel]: Objection to the form of the question. It 

requires a legal conclusion. 

A: Again, in this e-mail here I say I refuse to do an Improvement 

Plan. And I say -- well, I didn't say -- but I guess my implication was you 

guys go ahead and do what you're going to do based on that. You want to 

not reappoint me because of that, then do that. 

Q: I am looking for you to simply say I either accepted the offer or I 

rejected the offer. 

And you were made a conditional offer of reemployment for 

the 201112012 school year. Did you accept it or reject it? 

[Doron's Counsel]: Objection to theform of the question. It 

requires a legal conclusion; asked and answered. 


One more time. 


A: I never explicitly wrote a letter "I reject this." So I guess my 

answer is, no, I didn't accept or reject. 

Q: (By Ms. Clemmons) In the letters you did write, did you consider 

yourself to be rejecting it? 

A: That's what I was implying, yes. 

Q: At any point in time did you write anything indicating that you 

were accepting that conditional offer? 

A: Again, I would point to the suggestions I tried to make about 

what -- how we could justify my work, how we could change things, what I 

wanted to see us do. So I don't know. I would take that as my trying to 

negotiate on that point. 

36 

No. 31636-0-III 


Doron v. Eastern Washington Univ. 


But, no, I never accepted the conditional offer of 

employment. 

CP at 1660-63 (emphasis omitted). 

Michael Doron testified regarding his January 5,2011 e-mail: 

Q. Did you meet the time line~ provided by Eastern Washington 

University to develop an improvement plan? 

A. That's a long answer. I made many efforts to negotiate with 

them over time. As we've said, finally -- when they made it clear to me, 

when Niel Zimmerman made it clear to me that the whole process was 

meaningless, I finally said, "I will not participate in this anymore." 

Q. And that was January 5th, 2011, correct? 

A. I believe the memo we looked at Wednesday, yes, I think 

January 5th. 

Q. And did you understand at that time that it was clearly the 

university's position that if you did not participate in developing an 

improvement plan, that you would not be renewed for the following year? 

A. They did clearly state that was their position. 

CP at 1677-78 (emphasis omitted). 

On January 9, 2011, Michael Doron e-mailed Gary Krug: 

You may recall the email below, dated nearly a month ago, where 

you ask for my "continued indulgence" and plead that "many people are 

working hard on this case to bring about a resolution." Since I have heard 

nothing from you since, I am assuming this email, like everything else 

you've done in my case, was some sort ofjoke. In the meantime, I 

continue to fight single-handed against the entire administration of the 

College as they tear my "contract" to shreds. Anytime the UFE would like 

to get involved, let me know. 

CP at 1085. 

Gary Krug responded on January 12: 

Several members of UFE executive have met and reviewed your 

37 

No. 31636-0-III 


Doron v. Eastern Washington Univ. 


case on multiple occasions. We have also consulted with EWU 

administration regarding your case, and we have considered all 

communication from you. 

UFE has been clear that the central document in your contract, your 

F AP, is deeply flawed. UFE has found nothing to grieve in your case with 

the exception of the F AP itself, and as neither you nor administration have 

expressed any interest in this solution, there is no action for UFE to take. 

We have encouraged you to develop a compliant FAP that would 

clearly define the conditions of your employment. You have declined to 

take this advice and have followed your own counsel. UFE cannot advise 

you on actions that you take contrary to our recommendations. 

Throughout, UFE has acted in what we believe is your best interest 

and the best interest ofthe CBA. 

CP at 1085. 

On January 20, 2011, Business College Dean Niel Zimmerman e-mailed Michael 

Doron to extend the deadline for developing an improvement plan and outline the 

consequences for not doing so. Zimmerman wrote: 

Your email of 115/11 regarding the requested improvement plan and 

revised FAP indicated that you "will not participate in this process and will 

not agree to any changes to [your] FAP." That email has been read and 

given due consideration. However, the situation remains as follows: 

As significant issues were noted during the evaluation process in the 

areas of teaching and research, your annual evaluation resulted in 

recommendations for continuation on probationary status with an 

improvement plan [CBA 5.3.1(c)(ii)] by the dean (dated 11110/10), the 

department chair (dated 10/25/10), and the department personnel committee 

(dated 10/18/10). Though thepreviously set deadline (1/7/11) for 

completion of a meaningful improvement plan that leads to tenure [CBA 

5.3.l(b)] has now passed we would like to extend one last opportunity to 

develop an improvement plan that addresses the issues noted and provides 

direction for you concerning your progress toward tenure and promotion. 

As your department chair is not of your discipline and the issues noted are 

primarily discipline based, Dr. Arsen Djatej is available to assist you in 

developing the plan. Your department chair, Dr. Elizabeth Murff, will act 

38 

No. 31636-0-111 


Doran v. Eastern Washington Univ. 


in oversight and approval roles. This process must begin by February 1, 

2011 with a completion date of February 18,2011. Failure to develop an 

improvement plan may lead to progressive discipline lCBA 13.2]. 

At the recommendation ofthe UFE (dated 11/22/10), the department 

chair requested a modification of your current F AP in order to bring it into 

agreement with the CBPA Policies and Procedures, CBA 3.6.1 and 7.3.1 

and AACSB Standard 10. This request was made to you in accord with 

CBA 7.3.5 on 11124110. The DPC [Department Personnel Committee] 

would like to meet with you before February 28, 20 II to get this 

collaborative process going. Please confirm to me your willingness to 

proceed, and we will arrange a meeting with the DPC. The deadline for 

completion of this process [CBA 7.3.2 and CBA 7.3.3] was given as March 

18,2011. If a revised FAP in accord with CBA 3.6.1, and 7.3.1 and 

AACSB Standard 10 is not prepared by this date, then your existing 

FAP will be revised by the department chair and the department 

personnel committee such that it meets the approval of the dean and 

the Chief Academic Officer [CBA 7.3.3(b)]. 

Please let me know, in writing, by January 28, 2011 whether or not 

you agree to participate in the development of the improvement plan and 

the revised F AP. 

CP at 413-14 (emphasis in original). 

Michael Doron responded to Niel Zimmerman's January 20, 2011, e-mail on 

January 25: 

Thank you for your email. 1 would need to be assured that these 

meetings are good faith negotiations and not simply steps towards 

disciplinary action. Particularly, the points 1 have raised in my previous 

communications must be addressed: 

1.) Beth [Murff] already prepared a new Faculty Workload for me. 

I discussed the problems with this document in my email of Dec. 21 st and 

have received no response. 

2.) Your email does not even acknowledge the six-page memo 1 sent 

on January 5th. This suggests that my concerns are not being taken 

seriously. 

3.) 1 am still unclear on what the terms of this renegotiation will be. 

Once my FAP and Workload have been rewritten, what assurance will I 

39 

No. 31636-0-II1 


Doran v. Eastern Washington Univ. 


have that these documents will remain in force for the remainder of my 

probationary period? Does the administration reserve the right to 

unilaterally change the terms of my employment whenever it sees fit? 

CP at 416 (emphasis omitted). 

Dean Niel Zimmerman responded on January 27 by both e-mail and letter. In his 

e-mail response, Zimmerman explained that Elizabeth Murff responded to Michael 

Doron's December 21,2010 e-mail on December 23, and that Murffs e-mail noted the 

"draft" nature of Doron' s revised workload. Zimmerman reiterated the position that 

Doron needed to produce some intellectual contributions related directly to current 

accounting practice in order to demonstrate qualification to teach in those areas and 

Doron's intellectual contributions in accounting history did not accomplish that. 

In his January 27 letter, Niel Zimmerman reminded Doron that his "reappointment 

for the 2011-12 academic year was offered based on the requirement that [he] develop an 

improvement plan." CP at 848. Zimmerman continued: 

Despite your failure to work with the Department chair to create an 

improvement by the January 7, 2011 due date, the University offered you a 

later date. 

The CBA language requires that you develop an Improvement Plan, 

in conjunction with the chair, CBA 5.3.1(b). Your letter ofreappointment 

requires that you develop that plan as a condition of your reappointment. 

Therefore, I am directing you to participate in that process, consistent with 

the provisions ofthe CBA, which include meeting with Dr. Murff by 

February 1,2011, and completing an Improvement Plan no later than 

February 18, 2011. As previously communicated, if you fail to develop 

an Improvement Plan, this may lead to discipline. Furthermore, if 

your [sic] fail to begin participation in the development of an 

40 

No. 31636-0-III 


Doran v. Eastern Washington Univ. 


Improvement plan by February 1,2011 and/or fail to complete an 

Improvement Plan by February 18,2011, this may be treated as 

insubordination and may also lead to discipline as provided by Article 

. 13 of the CBA. 

In closing, the University is interested in working with you to 

complete an Improvement Plan as provided by the terms of the CBA. 

Therefore, I truly hope that you will consult with Dr. Arsen Djatej and 

work with Dr. Murff to develop a plan. 

CP at 848-49 (emphasis in original). 

On February 2, 2011, Michael Doron responded to Niel Zimmerman's January 27 

letter, again refusing to participate: 

Thank you for your email. I asked for "assurance that the meetings 

would be good faith negotiations and not simply a step towards disciplinary 

action. " You have answered my question plainly . Your email ignores most 

of my concerns and offers risible rejoinders to the rest. What is consistent 

is the complete absence of any attempt at conciliation, any concession that 

anyone but myself bares any responsibility for this situation. You have 

made it clear that these "meetings" would simply be a pretense to begin 

disciplinary action. Let me save you the time: I will not participate in this 

process, and will not agree to any changes to my approved F AP or Faculty 

Workload. 

CP at 425. 

On February 7, 2011, Provost Rex Fuller wrote Michael Doron: 

The purpose of this letter is to inform you of my conclusion that you 

have rejected the conditions of your reappointment for the 2011-2012 

academic year. My conclusion is based upon your repeated refusal to 

participate in the development of a performance improvement plan, which 

is a required term of your reappointment. 

By these responses, [referring the January 5 and February 2 


refusals,] you have rejected your reappointment for the 2011-2012 


41 

No. 31636-0-III 

Doran v. Eastern Washington Univ. 

academic year. Accordingly, your employment at the University will 

terminate at the end ofyour current term of appointment, June 15, 2011. 

CP at 427-28. Fuller did not support this conclusion with "just cause" or follow the 

discipline procedures in Section 13 ofthe CBA. 

On February 9, 2011, Michael Doron forwarded Rex Fuller's February 7 message 

to UFE President Gary Krug, writing: "The university has terminated me effective June 

for not writing a new F AP. This is something the union will have to act on. Let me 

know." CP at 1087. 

Gary Krug forwarded Michael Doron's e-mail to WEA's Gary McNeil, writing: 

"Have the procedural, contractual steps been followed here? Is just causes [sic] for 

dismissal shown. I'll look at this later tonight and tomorrow, but please share your 

thoughts in the meantime." CP at 1087. McNeil replied to Krug: "Gary: [t]he CBA 

covers both progressive discipline and just cause. Has this faculty person been 

disciplined before?" CP at 1089. From this point on, Gary McNeil assumed a leadership 

role in Doron's case. 

On February 11,2011, WEA's Gary McNeil e-mailed UFE's Gary Krug with his 

assessment that "[t]ermination is a stretch. We could grieve progressive discipline. The 

remedy would probably have to include an improvement plan. . .. The union does not 

have to file a grievance. We have to deliberate the case, not decide anything on 

personalities." CP at 1092-93. McNeil later declared: 

42 
No. 3 1 636-0-III 


Doron v. Eastern Washington Univ. 


In an email dated February 11, 2011, I outlined the various issues 

that were associated with the letter dated February 7,2011 that Dr. Fuller 

wrote to Dr. Doron informing him that he had rejected the conditions ofhis 

reappointment by refusing to participate in the development of an 

improvement plan. This email only contained my initial impressions of Dr. 

Fuller's letter. Although I stated in the e-mail that "Termination is a 

stretch", we later determined that Dr. Doron had refused to accept the offer 

of reappointment EWU made to him because he refused to agree to 

participate in the development of an improvement plan. Therefore, he had 

not been terminated and a grievance was not warranted because he had 

refused to accept EWU's offer of employment. 

CP at 2695. 

On February 16,2011, Gary Krug informed Michael Doron that "UFE is 

requesting from EWU administration all documents relevant to their decision. We will 

review these regarding procedures ofjust cause, discipline, dismissal and related 

matters." CP at 1095. 

On March 11,2011, WEA's Gary McNeil e-mailed UFE President Gary Krug and 

UFE Grievance Chair Elizabeth Kissling. McNeil wrote: 

I spoke with a WEA attorney on this issue today. His initial reaction 

to the situation is as follows: 

1. Get Doron to accept the contract; management has the right to 

terminate him for not agreeing to the proposed contract. Without a 

contract, no work. Doron's refusal does not leave a status quo F AP-it 

leaves him without a contact. 

2. Ifhe signs, then there is the matter ofthe improvement plan. We 

could pursue grieving the actual improvement plan that is devised or 

initiate meetings with Fuller to explore ways to have a coherent 

F AP/improvement plan. Can an improvement plan become a new FAP-is 

that doable? Of course, Professor Doron would have to agree to work with 

this reality. 

43 

No. 31636-0-111 

Doron v. Eastern Washington Univ. 

3. Now my reflections. Management does have a solid argument. 

He is in probationary status. They have the right under the CBA to offer a 

contract with an improvement plan. 

4. Crafting an improvement plan based on a flimsy FAP does 

produce a problem. If Professor Doron wants to work at EWU, he will 

have to see the opportunity to work here by crafting a plan that re-writes the 

FAP. His one solid point is that how you can have specifics in an 

improvement plan when there are little specifics in the FAP. Of course, if 

you want a job, you can bend a good bit. 

5. So we meet with him and tell him the "facts on the ground." His 

argument-no need for an improvement plan--does not recognize that he is 

an [sic] probationary employee working on probationary contracts. 

Comments? 

CP at 1102. Michael Doron claims this e-mail conveys "advice from the WEA to UFE 

that EWU Provost Fuller had the authority under the CBA to 'conditionally' reappoint 

Doron, and terminate Doron' s reappointment if Doron does not accept an improvement 

plan." Br. of Appellant at 27. 

On March 16, 20 11, Gary McNeil, Elizabeth Kissling, and Michael Doron met to 

draft a "Counter-Improvement Plan" as a gesture of good faith. McNeil presented the 

plan to Carol Hawkins, in EWU's human resources department, and Laurie Connelly, an 

Assistant Attorney General representing EWU. McNeil discussed the plan with Rex 

Fuller over the phone. Fuller found the plan "lacking," because he thought it did not 

address the shortcomings identified previously. 

On March 17,2011, Hawkins e-mailed McNeil: 

Thank you for meeting with Laurie Connelly and I yesterday to 

discuss and review the proposal you dropped off on behalf of Michael 

Doron. Laurie and I met with Provost Fuller this morning and discussed it 

44 

No. 31636-0-III 


Doron v. Eastern Washington Univ. 


with him. He has conferred with the Dean and Department Chair, and after 

careful consideration, he has determined to proceed with the nonrenewal. 

Please let me know if I can provide any additional information or 

assistance. 

CP at 1120. In his deposition, Michael Doron admitted that his employment came to an 

end because he rejected the improvement plan offer, not because he was disciplined or 

terminated. 

On April 16, 2011, Michael Doron received an offer to teach at California 

Southern University at Northridge, which he accepted. Doron's employment with EWU 

ended June 15,2011. 

PROCEDURE 

On June 27, 2011, Michael Doron filed suit against EWU, UFE, United Faculty of 

Washington State, WEA, Arsen Djatej, Susan Megaard, Duanning Zhou, and Elizabeth 

Murff. Doron claimed that EWU violated the collective bargaining agreement and the 

covenant of good faith. He claimed that EWU wrongfully discharged him in violation of 

public policy, wrongfully withheld wages, and is liable in promissory estoppel. Doron 

alleged UFE breached its obligation of fair representation. He contended that United 

Faculty of Washington State and the WEA interfered with his business expectancies. 

Finally, Michael Doron alleged Arsen Djatej, Susan Megaard, Duanning Zhou, and 

Elizabeth Murff defamed him. 

45 

No. 31636-0-111 


Doron v. Eastern Washington Univ. 


Michael Doron amended his complaint on September 24,2012. The amendment 

added a claim for disability discrimination against EWU, UFE, and Department Chair 

Elizabeth Murff. The amendment also added Provost Rex Fuller and Dean of Business 

School Niel Zimmerman as defendants for purposes ofthe disability discrimination 

claim. 

Over a period ofthree months, the court granted dismissal, on summary judgment, 

of all claims asserted by Michael Doron against all defendants. In turn, the trial court 

denied Michael Doron's motion for summary judgment. On appeal, Doron does not 

challenge the dismissal of his claims for defamation or disability discrimination. 

LA W AND ANALYSIS 

Breach ofContract 

The target ofMichael Doron's breach of contract claim is EWU and the claim is 

based on the collective bargaining agreement between his union, UFE, and the university. 

Washington courts apply contract law to interpret collective bargaining agreements. 

Navlet v. Port ofSeattle, 164 Wn.2d 818, 842, 194 P 3d 221 (2008). In construing a 

written contract, the basic principles require that (1) the intent ofthe parties controls, (2) 

the court ascertains the intent from reading the contract as a whole, and (3) a court will 

not read an ambiguity into a contract that is otherwise clear and unambiguous. Mayer v. 

Pierce County Med. Bureau, Inc., 80 Wn. App. 416, 420,909 P.2d 1323 (1995). This 

court interprets an agreement in a manner that gives effect to all the contract's provisions. 

46 

No. 3 I 636-0-III 


Doron v. Eastern Washington Univ. 


Nishikawa v. u.s. Eagle High, LLC, 138 Wn. App. 841, 849, 158 P.3d 1265 (2007). 

Interpretation of a contract provision is a question of law only when (1) the interpretation 

does not depend on the use of extrinsic evidence, or (2) only one reasonable inference can 

be drawn from the extrinsic evidence. Tanner Elec. Co-op. v. Puget Sound Power & 

Light Co., 128 Wn.2d 656, 674, 911 P.2d 1301 (1996). 

Michael Doron asserts EWU violated the CBA in four respects. First, EWU had 

no prerogative to reappoint him "contingent" on an improvement plan under the CBA. 

Second, he had no obligation to formally accept or reject reappointment and thus EWU 

could not terminate his employment because he failed to respond to the December 1, 

2010 reappointment letter. Third, the December 1, 20 10 reappointment letter did not 

require him to accept the reappointment for it to become effective. The second and third 

arguments run together. Fourth, EWU could not terminate his employment without 

following the CBA's disciplinary process. Unambiguous terms of the CBA defeat 

Doron's contentions. 

Under section 5.3.1 of the CBA, a faculty member's annual review results in one 

of four options, one option which is the member continuing on probationary status with 

an improvement plan. Doron provides no testimony that the CBA was intended by the 

parties to mean other than what it says. 

Under section 5.6 of the CBA, a faculty member must accept reappointment or 

notify EWU of his or her intent to resign. Subsection 5.6.2 demands that the 

47 

No. 31636-0-II1 


Doron v. Eastern Washington Univ. 


reappointment letter be signed by the appointee and returned to the Chief Academic 

Officer within fifteen (15) days of its receipt to indicate the appointee's acceptance of the 

conditions of appointment. Thus, EWU followed the contract, rather than breached it, 

when demanding that Michael Doron accept in writing his reappointment on the 

condition of preparing an improvement plan. 

Michael Doron emphasizes that his December 1, 2010 reappointment letter did not 

inform him that he needed to accept reappointment. But the law does not require an 

employer to remind the employee of the terms of a collective bargaining agreement. 

Michael Doron contends an issue of fact as to whether he rejected the 

reappointment offer precludes a summary judgment ruling. The undisputed evidence, 

however, is to the contrary. EWU offered Michael Doron reappointment with an 

improvement plan twice, and Doron twice rejected the offer. Doron first rejected 

reappointment when he e-mailed Elizabeth Murff on January 5, 2011, stating: "I will not 

participate in this process and will not agree to any changes to my FAP." CP at 822. 

Doron later testified that he understood the December 1, 2010 reappointment letter as a 

conditional offer of employment, which he implicitly rejected with his January 5, 2011 email. After the deadline for developing an improvement plan passed, EWU extended 

Doron "one last opportunity to develop an improvement plan." CP at 413. Doron again 

responded, "Let me save you the time: I will not participate in this process, and will not 

agree to any changes to my approved FAP or Faculty Workload." CP at 425. 

48 

No. 31636-0-III 


Doron v. Eastern Washington Univ. 


In repeatedly rejecting the conditions of his reappointment, Michael Doron 

emphasized his belief that EWU cannot unilaterally modify his faculty activity plan. In 

this lawsuit, he advocates this belief by arguing any insistence that he amend his F AP 

violated the CBA. In fact, on November 24, 2010, Elizabeth Murff requested a 

modification to Michael Doron' s F AP by March 18, 2011. She cited the CBA section 

that allowed amendments to the plan. 

Two provisions of the CBA promote Michael Doron's argument and cause us 

caution when affirming the trial court. Section 5.3.l(a) reads, in part, that "[i]t is 

expected that the F AP will be in effect throughout the probationary period unless 

modified by mutual agreement between the faculty member, chair, personnel committee, 

dean, and Chief Academic Officer." CP at 242-43 (emphasis added). The term "mutual 

agreement" is strong language in favor of Doron. Section 7.3.3(a) of the CBA, under 

which any agreed amendments or revisions to the F AP made as a result of the 

collaborative development process must be signed by the faculty member, promotes 

Michael Doron's argument and causes us further caution when affirming the trial court. 

Other sections ofthe collective bargaining agreement suggest the administration 

may demand a change in the F AP and only administration members need approve the 

changes. Section 7.3.5 ofthe CBA states: "FAPs may be modified during their term. A 

faculty or the chair may request in writing a modification. All modifications are subject 

to the same approval process as the original F AP." CP at 252. Section 7.3.4 requires 

49 

No. 31636-0-III 


Doron v. Eastern Washington Univ. 


approval of a F AP by the department personnel committee, the department chair, the 

school dean, and the Chief Academic Officer. The section does not speak of approval by 

the faculty member. Although development ofthe FAP is a collaborative process, and 

the FAP must be signed by the faculty member, section 7.3.3 rests ultimate decision 

making authority with the Chief Academic Officer. 

We need not resolve whether the CBA requires approval by the faculty member of 

a modification to his F AP, since we find this resolution unimportant to resolving the 

appeal. In the reappointment letter, EWU did not demand a change in the F AP. The 

school, instead, demanded an improvement plan. Although Michael Doron resisted an 

improvement plan on the ground that he did not desire a change or only desired limited 

change in the FAP, the two plans are separate. An improvement plan could be entered 

without impacting the F AP. Michael Doron may have had the right to resist any change 

in the FAP, but he had no right, under the CBA, to ignore EWU's demand for an 

improvement plan. The undisputed facts show Doron rejected a legitimate offer of 

retention from EWU. 

Michael Doron's argument that EWU violated the disciplinary provisions of the 

CBA hinges on his view that Rex Fuller's reappointment letter could not and was not 

conditioned on an improvement plan, that he need not expressly accept the 

reappointment, and thus he had a vested right to his professorship the following year. 

Therefore, according to Doron, any dismissal needed to follow the disciplinary provisions 

50 

No. 31636-0-III 

Doron v. Eastern Washington Univ. 

in the CBA. Our prior analysis shows that Doron's underpinnings for this argument 

render it unsound. EWU possessed the prerogative to reappoint on condition of an 

improvement plan and Michael Doron was obligated to accept in writing the 

reappointment. 

Michael Doron terminated his employment by failing to accept in writing the 

reappointment. He was not discharged as a matter of discipline. In his deposition, Doron 

admitted that his employment came to an end because he rejected the improvement plan 

offer, not because he was disciplined or terminated. Article 13 applies in situations of 

discipline and discharge for cause, not in Doron's circumstances. Instead section 5.3 of 

the agreement addresses retention of probationary faculty. 

Even viewing, the facts in a light most favorable to Michael Doron, Eastern 

Washington University did not violate its collective bargaining agreement with the UFE 

in this case. Since we so hold, we need not address EWU's argument that Doron's suit is 

barred because of his failure to exhaust his contractual grievance remedies. 

Promissory Estoppel 

Michael Doron next assigns error to the trial court's dismissal on summary 

judgment of his claim for promissory estoppel against EWU. Doron contends that EWU 

Provost Fuller and Professor Djatej promised Doron, during the hiring process, that 

Doron could meet any academic research requirements and be successful at EWU with 

Djatej's help by allowing Doron to coauthor with Djatej. Doron argues that the promise 

51 

No. 31636-0-III 


Doron v. Eastern Washington Univ. 


was broken when Djatej transferred to another university and did not coauthor with him. 

After Djatej returned to EWU, Doron met with AIS Department Chair Elizabeth Murff 

and Djatej to discuss their concerns in his second annual evaluation, and Doron offered to 

coauthor academic papers with Djatej, but Doron's suggestions were ignored. Doron 

further contends that, when accepting EWU's offer, he rejected other job offers and 

moved to Spokane based on the promises ofDjatej and Fuller. According to Michael 

Doron, EWU walked away from its promise to help Doron succeed in meeting his 

academic research requirements when EWU Provost Fuller withdrew Doron's 

reappointment. 

In response, EWU contends Michael Doron's promissory estoppel claim fails, as a 

matter oflaw for four reasons. First, no specific promise, let alone an enforceable 

promise, was given to Michael Doron. Second, Doron could not rely on any promise 

because of a provision in the CBA warning a faculty member that any oral promises are 

not binding. Third, Arsen Djatej had no authority to bind EWU to a promise. Fourth, a 

party may not recover in promissory estoppel when a written contract controlled the 

parties' relationship. We agree with EWU's first argument and thus do not address the 

remaining contentions. 

Promissory estoppel relates to promises which have no contractual basis in that 

there was no bargain. Klinke v. Famous Recipe Fried Chicken, Inc., 94 Wn.2d 255, 261 

nJ, 616 P.2d 644 (1980). The purpose of promissory estoppel is to make a promise 

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Doran v. Eastern Washington Univ. 


binding, under certain circumstances, without consideration in the usual sense of 

something bargained for and given in exchange. Klinke, 94 Wn.2d at 261 n.4. The 

doctrine ofpromissory estoppel was developed to cover certain circumstances in which 

consideration is lacking, but the enforcement ofthe promise is appropriate because the 

promisor should expect the promise to induce detrimental reliance on the part ofthe 

promisor. Hatfield v. Columbia Fed. Savs. Bank, 57 Wn. App. 876, 885, 790 P.2d 1258 

(1990). The doctrine of promissory estoppel, unlike equitable estoppel, can be used as a 

"sword" in a cause of action for damages. Klinke, 94 Wn.2d at 259; Flower v. T.R.A. 

Indus. Inc., 127 Wn. App. 13,31, 111 P.3d 1192 (2005). 

In Washington, promissory estoppel has five elements: 

"(1) [a] promise which (2) the promisor should reasonably expect to 

cause the promisee to change his position and (3) which does cause the 

promisee to change his position (4) justifiably relying upon the promise, in 

such a manner that (5) injustice can be avoided only by enforcement ofthe 

promise." 

Havens v. C&D Plastics, Inc., 124 Wn.2d 158, 171-72,876 P.2d 435 (1994) (quoting 

Klinke, 94 Wn.2d at 259 n.2) 

Obviously, promissory estoppel requires a promise. Elliott Bay Seafoods, Inc. v. 

Port ofSeattle, 124 Wn. App. 5, 13,98 P.3d 491 (2004). "A promise is 'a manifestation 

of intention to act or refrain from acting in a specified way, so made as to justify a 

promisee in understanding that a commitment has been made.''' Elliot Bay Seafoods, 

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Doron v. Eastern Washington Univ. 


Inc., 124 Wn. App. at 13 (quoting RESTATEMENT (SECOND) OF CONTRACTS § 2(1) 

(1981). 

Not every promise qualifies for promissory estoppel. "A statement of future intent 

is not sufficient to constitute a promise for the purpose of promissory estoppel. An 

intention to do a thing is not a promise to do it." Elliot Bay Seafoods, 124 Wn. App. at 

13. Importantly, promissory estoppel requires the existence of a promise that is "clear 

and definite." Havens, 124 Wn.2d at 173. Another necessary condition is that the 

promise be worded consistently with an intent for it to be enforceable. Wash. Educ. 

Ass'n v. Wash. Dep't ofRet. Sys., 181 Wn.2d 212,225,332 P.3d 428 (2014); Workman v. 

United Parcel Serv., Inc., 234 F.3d 998, 1001 (7th Cir. 2000) (applying Indiana law); 

Bouwens v. Centrilift, 974 P.2d 941,947 (Wyo. 1999); Phipps v. IASD Health Servs. 

Corp., 558 N.W.2d 198,204 (Iowa 1997). The condition is similar in nature to 

promissory estoppel's element that the speaker should reasonably expect that the 

promisee change his or her position based on a promise. 

Under Michael Doron's version of the facts both Arsen Djatej and Rex Fuller 

"promised" that Djatej would coauthor publications with Doron and thereby assist Doron 

in fulfilling his publishing requirements. Nevertheless, Doron points to no specific time 

or date when an express promise was made. Doron repeatedly conceded he heard no 

specifics of any promise. He does not provide testimony as to the specific words used so 

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No. 31636-0-III 

Doron v. Eastern Washington Univ. 

that one could conclude that the terms and contexts showed an intent to render a binding 

promIse. 

Rex Fuller and Arsen Djatej characterize their speech as leading to a general 

understanding rather than specific promises. Fuller's, Djatej's, and Doron's 

understanding never rose above general statements of intent of conduct in the future. 

Arsen Djatej never offered or identified a specific research project Michael Doron could 

coauthor with him. Doron testified that they "never set explicit terms." CP at 1459. 

Doron's claim would command more attention ifhe had facts that he explained to Djatej 

and Fuller that he might reject other offers of employment upon an assurance by the two 

that Djatej would commit to coauthoring one or more articles and, in response, one or 

both expressly stated that Djatej would copublish a certain article by a set date in order to 

fulfill Doron's publishing requirements. But even then, the promise is in the nature of 

future intent. 

The law has not provided definitive guidelines for determining what promises are 

enforceable in promissory estoppel. Therefore, we look to analogous cases for guidance. 

We believe the Washington case most helpful in resolving EWU's summary 

judgment motion is Elliott Bay Seafoods, Inc. v. Port o/Seattle, 124 Wn. App. 5,98 P.3d 

491 (2004). The Port adopted a comprehensive scheme of harbor improvements 

including the redevelopment of Pier 66 as a "mixed-use" or working fishing pier that 

would include a maritime museum, conference center, fish processing, boat moorage, 

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No. 31636-0-111 


Doron v. Eastern Washington Univ. 


cruise ship terminal and various retail facilities. The port envisioned the pier becoming a 

tourist attraction similar to Fisherman's Wharf in San Francisco. In response to the port's 

announcement and plans, Elliott Bay Seafoods signed a lease for office space for its fish 

retail business at Pier 66. Before signing the lease, Port officials told Elliott that plans for 

the redevelopment of the pier included a working fishing pier concept. The Port 

informed Elliott that it was in final negotiations with a business for an interactive exhibit 

space as well as actual fish processing. Elliott then spent $400,000 constructing its store 

and purchasing necessary equipment and appliances and opened its retail store. The 

expected mixed-uses for other portions of the pier did not materialize to the detriment of 

Elliott and Elliott sought to recover damages in promissory estoppel. This court affirmed 

the trial court's grant of summary judgment to the port on the ground of a lack of genuine 

issues of material fact, since the port made no promise. "What the parties hoped would 

happen simply did not. That unfortunate tum of events does not support the claims 

asserted." Elliott, 124 Wn. App. at 8. 

Havens also supports affirmation of the summary judgment order in favor of 

EWU. 124 Wn.2d at 174. The employer rendered many interview statements upon 

which the employee staked a claim for promissory estoppel. The court considered the 

statements as typical of those often made in the interviewing process, such as what it 

would take to get the plaintiff to leave his present job and statements relating to the 

nature of the job for which he was hired. 

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No. 3 I 636-0-III 

Doron v. Eastern Washington Univ. 

We may fault EWU for failing to warn Michael Doron of the impending departure 

ofArsen Djatej and Djatefs failure to timely reply to Doron's fall 2009 request for 

assistance. But no express promise was made to Doron ofDjatej's remaining in 

employment with EWU, and faculty members sometimes move. What the parties 

initially expected to happen did not come to fruition, but expectations do not suffice for 

promissory estoppel. 

Wrongful Termination 

Michael Doron next assigns error to the trial court's dismissal on summary 

judgment that he was discharged in violation of public policy. He claims that EWU fired 

him for exercising his rights under the collective bargaining agreement and public policy 

dictates that an employee be able to protect his bargained rights. 

To prevail on a claim ofwrongful discharge, a plaintiff must show: (1) the 

existence of a "clear public policy" ("clarity" element), (2) whether discouraging the 

conduct in which the employee engaged would jeopardize the public policy ("jeopardy" 

element), (3) whether the conduct caused the discharge ("causation" element), and (4) 

whether the employer offers an overriding justification for the discharge ("absence of 

justification" element). Piel v. City ofFed. Way, 177 Wn. 2d 604, 610, 306 P.3d 879 

(2013) (quoting Gardner v. Loomis Armored, Inc., 128 Wn. 2d 931,941,913 P.2d 377 

(1996)). Implicit in the cause of action is that the employer discharges the employee or 

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Doron v. Eastern Washington Univ. 


the employee shows a constructive discharge. Korslund v. DynCorp Tri-Cities Servs., 

Inc., 121 Wn. App. 295,315,316, 88 P.3d 966 (2004). 

Doron's claim fails because, as discussed above, EWU did not discharge him. The 

undisputed facts are that EWU reappointed Michael Doron on the condition of an 

improvement plan and Doron rejected the reappointment. Doron does not allege 

constructive discharge. 

Doron emphasizes that he twice asserted that modifying his F AP would violate the 

CBA, on December 21,2010 and January 5, 2011. Assuming, without deciding, a breach 

of agreement, EWU still retained the prerogative to insist on an improvement plan. 

Doron inconsistently expressed acceptance and rejection of an improvement plan, but, 

more importantly, never signed the reappointment letter. Upon signing the 

reappointment letter, he could have stated that he was not agreeing to a change in his 

FAP. 

The trial court did not err when it dismissed on summary judgment Michael 

Doron's claim for wrongful termination. 

Duty ofFair Representation 

Michael Doron assigns error to the trial court's dismissal on summary judgment of 

his claim that UFE breached its duty of fair representation. 

The federal courts created the doctrine of a union's duty of fair representation. 

The duty of fair representation evolved as a judicial response to the broad power granted 

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No. 31636-0-III 


Doron v. Eastern Washington Univ. 


to unions, under the National Labor Relations Act (NLRA), 29 U.S.C. § 159(a). Steele v. 

Louisville & Nashville R.R., 323 U.S. 192,65 S. Ct. 226, 89 L. Ed. 173 (1944); Peterson 

v. Kennedy, 771 F.2d 1244, 1253 (9th Cir. 1985). That duty extends to "all the 

employees in such unit. ..." 29 U.S.C. § 159(a) (emphasis added). The duty of fair 

representation exists because a single labor organization represents the interests of all 

employees within a unit, and "if individual employees are not to be deprived of all 

effective means of protecting their own interests, it must be the duty ofthe representative 

organization to 'serve the interests of all members without hostility or discrimination 

toward any, to exercise its discretion with complete good faith and honesty, and to avoid 

arbitrary conduct.'" DelCostello v. Int'l Bhd. ofTeamsters, 462 U.S. 151,164 n.14, 103 

S. Ct. 2281, 76 L. Ed. 2d 476 (1983) (quoting Vaca v. Sipes, 386 U.S. 171, 177,87 S. Ct. 

903,17 L. Ed. 2d 842 (1967)). 

Michael Doron was a state employee and thus Washington law controlled his 

relationship with his union. Washington law echoes federal law. RCW 41.56.080, like 

29 U.S.C. § 159(a), contains a provision that grants the union the power of exclusive 

representation. The statute reads: 

The bargaining representative which has been determined to 

represent a majority ofthe employees in a bargaining unit shall be certified 

by the commission as the exclusive bargaining representative of, and shall 

be required to represent, all the public employees within the unit without 

regard to membership in said bargaining representative ... , 

In State ex rei. Washington. Federation ofState Employees, AFL-CIO v. Board of 

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No. 31636-0-III 


Doron v. Eastern Washington Univ. 


Trustees o/Central Washington University, 93 Wn.2d 60,67,605 P.2d 1252 (1980), our 

high court observed that where Washington's Public Employees Collective Bargaining 

Act, ch. 41.56 RCW is substantially similar to the NLRA, decisions under that act, while 

not controlling, are persuasive. See also Public Empl. Relations Comm 'n v. Kennewick, 

99 Wn.2d 832, 664 P.2d 1240 (1983). 

The burden of proving a breach ofthe duty of fair representation is on the plaintiff. 

Vaca, 386 U.S. at 193; Beck v. United Food & Commercial Workers Union, Local 99, 

506 F.3d 874, 879 (9th Cir. 2007). A reviewing court affords substantial deference to the 

union's determination not to represent a member because the union must balance the 

individual interests against the collective interests. Schmidtke v. Tacoma Sch. Dist. No. 

10,69 Wn. App. 174, 181,848 P.2d 203 (1993). In accordance with the broad discretion 

traditionally owed to unions, courts do not scrutinize the quality of a union's decisions. 

Slevira v. Western Sugar Co., 200 F.3d 1218, 1221 (9th Cir. 2000); Muir v. Council 2 

Wash. State Council o/County & City Emp., Local 1849, 154 Wn. App. 528, 533,225 

P.3d 1024 (2009). 

The duty of a union is dissimilar to the duty of an attorney whose obligation lies 

solely to one discrete client. The collective bargaining system of necessity subordinates 

the interests of an individual employee to the collective interests of all employees in a 

bargaining unit. Allen v. Seattle Police Officers' Guild, 100 Wn.2d 361, 370,670 P.2d 

246 (1983). 

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Doron v. Eastern Washington Univ. 


"A union breaches its duty of fair representation when its conduct is 

discriminatory, arbitrary, or in bad faith." Muir, 154 Wn. App. at 531. On appeal, 

Michael Doron does not argue that UFE's conduct was discriminatory. He argues the 

union's conduct was arbitrary and in bad faith. "Conduct can be classified as arbitrary 

'only when it is irrational, when it is without a rational basis or explanation.' This 

deferential standard for arbitrary conduct 'gives the union room to make discretionary 

decisions and choices, even if those judgments are ultimately wrong.'" Beck, 506 F.3d at 

879 (citations omitted). "To establish that the union's exercise ofjudgment was in bad 

faith, the plaintiff must show 'substantial evidence of fraud, deceitful action or dishonest 

conduct.'" Beck, 506 F.3d at 880 (quotingAmalgamatedAss'n ofSt., Elec. Ry. & Motor 

Coach Emp. ofAm. v. Lockridge, 403 U.S. 274, 299, 91 S. Ct. 1909,29 L. Ed. 2d 473 

(1971)). A union's conduct constitutes an exercise ofjudgment entitled to deference 

even when the union's "judgments are ultimately wrong." Marquez v. Screen Actors 

Guild, Inc., 525 U.S. 33,45-46, 119 S. Ct. 292, 142 L. Ed. 2d 242 (1998). 

Michael Doron first argues that UFE breached his duty of fair representation when 

UFE President Gary Krug insisted that Doron modifY his FAP. Viewing the evidence in 

a light most favorable to Michael Doron, it could be said that UFE President Gary Krug 

repeatedly failed to represent Doron's interests. For Krug's conduct to be actionable, 

however, it would have to be arbitrary or in bad faith. There is no evidence that Krug 

acted without a rational basis or explanation or engaged in fraud, deceitful action or 

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No. 31636-0-III 

Doron v. Eastern Washington Univ. 

dishonest conduct. Krug's conduct was motivated by a desire to create a FAP sufficient 

in detail to base judgments of teaching performance and consistent with other faculty 

FAPs. In deference to Krug and UFE, this ground was rational. Krug needed to balance 

individual interests against the collective interests ofthe union and its many members. 

Krug also believed Michael Doron would be better served by a modified F AP. 

Michael Doron expressed his disappointment with Krug because, at the November 

18,2010 meeting, Krug stated he represented "everyone's interests." CP at 1058. Krug 

appropriately responded that the UFE represents and enforces the contract and that all 

members of bargaining unit receive equal protection and advice regarding the enforcing 

of the contract. Doron and Krug's relationship quickly soured. But Doron lacks 

evidence that Gary Krug acted in bad faith. 

Michael Doron next argues that UFE breached its duty of fair representation when 

it failed to grieve his termination. As discussed above, EWU did not terminate Doron. 

Even in a light most favorable to Doron, the evidence shows that UFE discharged its duty 

to investigate the possibility of grieving his dispute. 

The duty of fair representation prohibits a union from ignoring a meritorious 

grievance or processing that grievance perfunctorily. Lindsey v. Mun. o/Metro. Seattle, 

49 Wn. App. 145, 149, 741 P.2d 575 (1987). But a union has no duty to arbitrate every 

grievance; it may screen its members' grievances and process only those it determines 

have merit. Muir, 154 Wn. App. at 531-32. A union satisfies its duty of fair 

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No. 3 1 636-0-III 

Doron v. Eastern Washington Univ. 

representation if it conducts at least a minimal investigation into the merits of the 

grievance. Lindsey, 49 Wn. App. at 150. "A union's duty requires some minimal 

investigation of employee grievances, the thoroughness depending on the particular case; 

only an egregious disregard for union members' rights constitutes a breach of the union's 

duty." Muir, 154 Wn. App. at 532 (internal quotation marks and citations omitted). A 

union's conduct may not be deemed arbitrary simply because of an error in evaluating the 

merits of a grievance or in interpreting particular provisions of a collective bargaining 

agreement. Peterson, 771 F.2d at 1254; Muir, 154 Wn. App. at 533. 

In Muir, this court reversed the trial court's denial of the union's summary 

judgment motion and directed that summary judgment be granted the union. The 

undisputed evidence showed that the union investigated, deliberated, and provided a 

rational reason for declining Muir's demand to file a grievance concerning the amount of 

his pay. In Schmidtke, 69 Wn. App. 174, this court affirmed a summary judgment 

dismissal in favor of the union. The union reasonably concluded that its member's 

grievance lacked merit. 

On February 9, 2011, Michael Doron forwarded Rex Fuller's February 7 message 

to UFE President Gary Krug, writing: "The university has terminated me effective June 

for not writing a new FAP. This is something the union will have to act on. Let me 

know." CP at 1087. Krug forwarded Doron's e-mail to WEA's Gary McNeil, writing: 

"Have the procedural, contractual steps been followed here? Is just causes [ sic] for 

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Doron v. Eastern Washington Univ. 


dismissal shown. I'll look at this later tonight and tomorrow, but please share your 

thoughts in the meantime." CP at 1087. McNeil replied to Krug: "Gary: The CBA 

covers both progressive discipline and just cause. Has this faculty person been 

disciplined before?" CP at 1089. WEA's Gary McNeil e~mailed UFE's Gary Krug with 

his assessment that "[t]ermination is a stretch. We could grieve progressive discipline. 

The remedy would probably have to include an improvement plan. . .. The union does 

not have to file a grievance. We have to deliberate the case, not decide anything on 

personalities." CP at 1092-93. Krug informed Doron that "UFE is requesting from EWU 

administration all documents relevant to their decision. We will review these regarding 

procedures ofjust cause, discipline, dismissal and related matters." CP at 1095. 

Congruent with its duties, UFE thus promised Doron to investigate the dispute for 

violations ofthe CBA. Through that investigation, as Gary McNeil testified, 

[UFE] determined that Dr. Doron had refused to accept the offer of 

reappointment EWU made to him because he refused to agree to participate 

in the development of an improvement plan. Therefore, he had not been 

terminated and a grievance was not warranted because he had refused to 

accept EWU's offer of employment. 

CP at 2695. The evidence cannot be construed to show that UFE ignored Doron's plight 

or processed his request for action in a perfunctory manner. 

The trial court did not err when it dismissed Michael Doron's claim for breach of 

the duty of fair representation on summary judgment. 

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Tortious Interference with Business Expectancy 

Michael Doron assigns error to the trial court's dismissal on summary judgment of 

his claim that WEA tortiously interfered with Doron's business expectancies with UFE. 

In Washington, tortious interference with a business expectancy has five elements: 

(1) there exists a valid contractual relationship or business 

expectancy, (2) the defendant had knowledge of the same, (3) the 

defendant's intentional interference induced or caused a breach or 

termination of the relationship or expectancy, (4) the defendant's 

interference was for an improper purpose or by improper means, and (5) the 

plaintiff suffered damage as a result. 

Evergreen Moneysource Mort. Co. v. Shannon, 167 Wn. App. 242, 258, 274 P.3d 375 

(2012) (citing Pleas v. City ofSeattle, 112 Wn.2d 794,800-05, 774 P.2d 1158 (1989)). 

A cause of action for tortious interference arises from either the defendant's 

pursuit of an improper objective of harming the plaintiff or the use ofwrongful means 

that in fact cause injury to plaintiff's contractual or business relationships. Pleas, 112 

Wn.2d at 803-04. A claim for tortious interference is established when interference 

resulting in injury to another is wrongful by some measure beyond the fact of the 

interference itself. Pleas, 112 Wn.2d at 804. Plaintiff must show not only that the 

defendant intentionally interfered with his business relationship, but also that the 

defendant had a duty of noninterference; i.e., that he interfered for an improper purpose 

or used improper means. Pleas, 112 Wn.2d at 804. 

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Doron v. Eastern Washington Univ. 


A complete failure ofproof concerning any element necessarily renders all other 

facts immaterial. Janaszak v. State, 173 Wn. App. 703, 727, 297 P.3d 723 (2013). The 

plaintiff must show that the defendant's interference induced or caused a breach. Hoffer 

v. State, 110 Wn.2d 415, 433, 755 P.2d 781 (1988), reconsidered in part, 113 Wn.2d 148, 

776 P.2d 963 (1989); Burkheimer v. Thrifty Inv. Co., 12 Wn. App. 924, 927, 533 P.2d 

449 (1975); Holman v. Coie, 11 Wn. App. 195,215,522 P.2d 515 (1974). 

Michael Doron generally contends that WEA employee Gary McNeil's advice to 

Krug improperly interfered with UFE's duty of fair representation owed to Doron. We 

question whether Doron shows any conduct of WEA to be improper, but we do not rest 

our decision on this ground. UFE did not breach its duty of fair representation. 

Therefore, Doron cannot show any conduct of WEA that caused a breach of contract. 

Without further analysis, Michael Doron also argues, in one sentence in his 

opening brief, that WEA also induced EWU to violate the CBA. We previously ruled 

that EWU did not violate the CBA. Thus, Doron's additional argument must also fail. 

The trial court did not err when it dismissed Michael Doron's tortious interference 

claim on summary judgment. 

Attorney Fees and Costs 

Michael Doron asks for attorney fees and costs on appeal. Since Doron does not 

prevail, we decline an award. RAP 18.1; RCW 49.48.030. 

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Doron v. Eastern Washington Univ. 


CONCLUSION 

We affirm the trial court's grant of summary judgment dismissing all claims 

against EWU, UFE, and WEA. 

A majority of the panel has determined this opinion will not be printed in the 

Washington Appellate Reports, but it will be filed for public record pursuant to RCW 

2.06.040. 

WE CONCUR: 


bl1ffW71, Ac.r 

Brown, A.C.J. 

~[\ 

, J. 

J 

67 


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