but also creates a remedy to safeguard these rights." Wehr, supra at 1055. Thus, like the Wehr court, this court finds it inappropriate to create a common law remedy in this instance.
The court further notes that plaintiff was not an at-will employee. Rather, he was a member of the International Brotherhood of Teamsters, Local 229 and the terms and conditions of his employment were governed by one or more collective bargaining agreements. Deposition of Eugene Krushinski, Document 3 of the Record, Exhibit 2 at 2-3. The narrow public policy exception enunciated by the Geary court is limited to employees "at-will." Harrison v. Fred S. James, P.A. Inc., 558 F. Supp. 438, 444 (E.D. Pa. 1983); accord Smith v. Greyhound Lines, Inc., 614 F. Supp. 558 (W.D. Pa. 1984). Because plaintiff was not an "at-will" employee and he had other statutory remedies available to him, he may not maintain a common law wrongful discharge claim. As a result, this claim will be dismissed.
C. Breach of Contract
As noted supra, as a member of Local 229, the terms and conditions of plaintiff's employment were governed by the collective bargaining agreements negotiated between the Teamsters and Roadway. The issue raised by plaintiff's breach of contract claim is whether the alleged contract violation is properly brought pursuant to a state law contract claim or if the claim is governed exclusively by federal law pursuant to Section 301(a) of the Labor Management Relations Act, 29 U.S.C. 185(a). Plaintiff's breach of contract claim is grounded upon the allegation that Roadway failed to comply with its own rules and regulations. Complaint, Document 1 of the Record, Paragraph 15H. It seems apparent that if Roadway is obligated to follow its rules and regulations as to plaintiff, that obligation arises under the collective bargaining agreement. Plaintiff, however, cites no authority in support of his contention.
Generally, Section 301 provides the exclusive remedy for violations of collective bargaining agreements. An employee, protected by such an agreement, may sue his employer only after he has pursued the grievance remedies provided by the contract, and he establishes that his right of fair representation was violated. Vosch v. Werner Continental, Inc., 734 F.2d 149 (3d Cir. 1984). In Vosch, our Court of Appeals held that plaintiff-employees had failed to state a cause of action pursuant to Section 301 when they failed to challenge the fairness or adequacy of their union's representation in the arbitration procedure. Here, plaintiff makes no claim that he was denied fair representation. The court concludes that any breach of contract claim must be governed by Section 301 of the Labor Management Relations Act and that plaintiff has failed to state a cause of action.
D. Intentional Infliction of Emotional Distress
Plaintiff alleges that as a result of the intentional wrongful acts of the defendant plaintiff has suffered and will continue to suffer, inter alia, strain to his emotional and nervous system. Thus he attempts to set forth a claim for intentional infliction of emotional distress.
Pennsylvania recognizes such a cause of action and adopted the definition set forth in the Restatement Second of Torts, § 46(1):
One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subjected to liability for such emotional distress, and, if such bodily harm to the other results from it, for such bodily harm.