Robert Haphey and Carl J. Bondietti v. Linn County Linn County Sheriff's Office Art Martinak, Sheriff, Acting in His Official and Individual Capacity

I. Factual and Procedural Background

Robert Haphey (Haphey) and Carl Bon-dietti (Bondietti) were employed by the Linn County Sheriffs Office (Linn County) as deputy sheriffs. Both were laid off in May 1986. Haphey and Bondietti applied for recall by submitting letters to the Sheriff of Linn County (Sheriff) in October 1986. Haphey and Bondietti submitted applications for new hire in January 1988.

From May 1986 through the Fall of 1988 the Sheriff hired or rehired about two dozen deputies. On November 25, 1987, Ha-phey and Bondietti filed unfair labor practice charges with the Oregon State Employment Relations Board (ERB). They claimed that they were not recalled or hired because of their union activities. On May 31, 1989, after the hearing in the ERB proceeding but before a final decision was rendered, Haphey and Bondietti filed an action in United States district court under 42 U.S.C. § 1983 for violation of their free speech rights and a pendent state law claim for breach of contract.

On September 11, 1989, the ERB ruled that Haphey and Bondietti’s claim that they were not recalled for discriminatory reasons was untimely, but found that Ha-phey and Bondietti had not been…