Nicholas Air Loses Appeal in Whistleblower Case

A federal appeals court rejected Nicholas Air's attempt to overturn a Department of Labor whistleblower decision. The case involved Colin DeBuse, a former captain-in-training who was placed on unpaid leave after raising safety concerns about another pilot.

The dispute started during a 2019 flight. DeBuse was an observer and reported that the captain left the cockpit while the aircraft was cruising. He also raised unease about oxygen mask procedures. DeBuse later refused to continue training flights with that captain and told management he considered the pilot unsafe.

Nicholas Air did not assign him to a different instructor. After DeBuse continued to refuse the assignment, the company suspended him without pay. An employee warning letter quoted in the Labor Department decision stated that his refusal to fly with the captain led to the unpaid leave.

DeBuse filed a complaint under AIR21, a federal aviation whistleblower protection law. An administrative law judge found his safety report and refusal to fly were protected activities and contributed to the suspension. The Labor Department's Administrative Review Board upheld that finding in December 2024, awarding DeBuse about $2,700 in back pay plus interest, attorney fees, and costs.

The appeals court denied the petition for review, leaving the Labor Department decision in place.