A federal appeals court on Thursday rejected Nicholas Air’s attempt to overturn a Department of Labor whistleblower ruling in favor of former captain-in-training Colin DeBuse. The case was formally brought by Corr Flight S., which employs personnel for Nicholas Air, and asked the U.S. Court of Appeals for the Fifth Circuit to set aside the department’s final decision under federal aviation whistleblower law. The court ruling denied the petition for review.
DeBuse was serving as an observer on a flight in 2019 when he reported safety concerns involving another Nicholas Air captain. According to the Labor Department’s review board, DeBuse said the captain, who was the only pilot qualified to fly the aircraft, left the cockpit while the aircraft was at flight level. DeBuse also raised concerns about required oxygen-mask use.
DeBuse later refused to continue training on passenger flights with the captain and told management he considered him unsafe. Nicholas Air declined to assign him to another instructor and placed him on unpaid leave after he continued to refuse the assignment.
“Based on your refusal to fly with Capt. Lee you will be placed on unpaid leave,” Nicholas Air stated in an employee warning letter quoted in the Labor Department’s decision.
DeBuse subsequently filed a complaint under AIR21, the federal law that provides whistleblower protections for aviation employees who report alleged violations of federal air-safety requirements.
Investigators said the driver had a valid driver’s license and no documented criminal history or outstanding warrants. Wichita Police on Tuesday urged the public to be patient as investigators con...