or prior harassment that shocked plaintiff upon being confronted with the list of "transgressions" which ultimately led to his termination. Id. at 80. Based on these facts, the court cannot conclude that a pattern of deliberate and malicious conduct existed on the part of defendant to curb plaintiff's union activities like the one that existed in Schlang. It is worth noting that this court found no direct evidence that defendant was even aware of plaintiff Riley's ALPA-affiliated activities at the time he was terminated. See Memorandum-Decision and Order, Doc. 57, at 36-39. Moreover, it is unclear from the record whether there was any conduct which might rise to the level of a pattern of managerial harassment toward other airline employees like the pattern that existed against both engineers and flight attendants in Schlang. For all of these reasons, the court does not find defendant's conduct at bar sufficiently pervasive or severe to warrant the imposition of punitive damages under the first part of the Schlang test.
As for the second part of the test, in the present case punitive damages would have little, if any, specific deterrent effect on defendant. Empire Airlines is now part of USAir. The management responsible for plaintiff's unlawful discharge is no longer in place. The pilots are organized under ALPA, and have successfully negotiated collective bargaining agreements to govern labor-management relations. See Defendant's Supplemental Post-Trial Brief, Doc. 60, at 11; Defendant's Supplemental Post-Trial Letter dated May 7, 1993, Doc. 64, at 2-3. Thus, the specific deterrent to continuation or future repetition of anti-union conduct crafted by the punitive damage award in Schlang is not relevant in this case. Similarly, the general deterrent to other employers effected by a punitive damage award under circumstances such as this is of little relevance, given the unique factual scenario in this case. The court finds it unlikely that an award of punitive damages against defendant at bar for discharging plaintiff in part for exercising his RLA-protected right to choose not to support defendant's bargaining efforts with a union he did not advocate, would act as a deterrent to other employers, particularly since there was no corresponding determination that the discharge was also motivated by anti-union animus.
Because the court finds neither of the first two parts of the Schlang test to warrant imposition of punitive damages, the court need not address the third part regarding a specific dollar amount. In sum, despite the availability of punitive damages as a remedy under the RLA, the court holds that an award of punitive damages is not appropriate in this case. Therefore, plaintiff's claim for punitive damages is dismissed.
2. Compensatory Damages
Plaintiff asserts that he is entitled to compensatory damages for emotional distress and injury to his reputation. As authority, plaintiff cites the cases previously mentioned regarding the availability of a full range of remedies, again relying primarily on Brown, 539 F. Supp. 179, and Marquar, 980 F.2d 359. Plaintiff argues that an award of damages for emotional distress may be supported solely by the plaintiff's testimony, and that his trial testimony illustrates the appropriateness of such an award in this case. Plaintiff's Post-Trial Brief, Doc. 54, at 80-82; Plaintiff's Post-Trial Letter dated November 4, 1991, Doc. 61, at 3. To support his argument, plaintiff cites Chalmers v. City of Los Angeles, 762 F.2d 753, 761 (9th Cir. 1985); Williams v. Trans World Airlines, Inc., 660 F.2d 1267, 1272-73 (8th Cir. 1981); Machleder v. Diaz, 618 F. Supp. 1367, 1370-73 (S.D.N.Y. 1985), rev'd on other grounds, 801 F.2d 46 (2d Cir. 1986), cert. denied, 479 U.S. 1088, 94 L. Ed. 2d 150, 107 S. Ct. 1294 (1987); and Vasbinder v. Ambach, 1990 WL 59381 (N.D.N.Y. April 30, 1990) (McAvoy, J.), aff'd on other grounds, 926 F.2d 1333 (2d Cir. 1991).
In response, defendant argues that compensatory damages are not available under the RLA. Defendant's Supplemental Post-Trial Brief, Doc. 60, at 12-13; Defendant's Supplemental Post-Trial Letter dated May 7, 1993, Doc. 64, at 1-3. As authority for this proposition, defendant relies on Lewy v. Southern Pacific Transp. Co., 799 F.2d 1281, 1295 (9th Cir. 1986), but also cites Maas, 676 F. Supp. 224 and Louisville and Nashville Railroad v. Brown, 252 F.2d 149 (5th Cir. 1957), cert. denied, 356 U.S. 949, 2 L. Ed. 2d 843, 78 S. Ct. 913 (1958).
In Lewy, the plaintiff was injured in a job-related accident. When he refused to submit to an examination by the company's physician after approximately six months of convalescence, his employer convened a disciplinary proceeding which resulted in his termination for insubordination and misrepresentation of his physical condition. Lewy appealed to the National Railroad Adjustment Board, and the Board ordered his reinstatement based on procedural defects in the disciplinary proceeding. Lewy then sued his employer under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60, seeking damages for lost wages, lost future wages, and medical expenses. Lewy also sought damages for the alleged aggravation, as a result of his improper discharge, of preexisting emotional injuries which were sustained during his accident. The court rejected all of Lewy's discharge-related claims, including the claim for aggravated emotional damages. Lewy, 799 F.2d at 1292-97. In so holding, the Lewy court discussed the difference between the FELA, a statute intended "to create a tort remedy for railroad workers injured on the job," id. at 1287 (internal quotations omitted), and the RLA, a statute intended "to promote stability in the railroad industry and to provide prompt and efficient resolution of labor-management disputes arising out of railroad collective bargaining agreements." Id. at 1289. The court then stated, in dicta:
The Supreme Court and our court have concluded in a series of cases that in enacting the RLA, Congress consciously intended to minimize litigation of railroad labor disputes in the state and federal courts and to limit wrongfully discharged employees to the remedies of reinstatement and back pay.