Matt Thurber, editor-in-chief at AIN Media Group, has been flying since 1975 and writing about aviation since 1978 and now has the best job in the world, running editorial operations for Aviation International News, Business Jet Traveler, and FutureFlight.aero. In addition to working as an A&amp;P mechanic on everything from Piper Cubs to turboprops, Matt taught flying at his father’s flight school in Plymouth, Mass., in the early 1980s, flew for an aircraft owner/pilot, and for two summer seasons hunted swordfish near the George’s Banks off the East Coast from a Piper Super Cub. An ATP certificated fixed-wing pilot and CFII and commercial helicopter pilot, Matt is type-rated in the Citation 500 and Gulfstream V/550. Based in the Pacific Northwest, Matt and his team cover the entire aviation scene including business aircraft, helicopters, avionics, safety, manufacturing, charter, fractionals, technology, air transport, advanced air mobility, defense, and other subjects of interest to AIN, BJT, and FutureFlight readers.

Editor-in-Chief

Matt Thurber

Captain-in-training Colin DeBuse, who was flying as an observer with Corr Flight S. (dba Nicholas Air) captain Stacey Lee in October 2019, reported that Lee “engaged in numerous safety violations,” according to the results of a petition for review before the U.S. Court of Appeals for the Fifth Circuit. After being terminated from his job, DeBuse filed a whistleblower complaint with the Occupational Safety and Health Administration (OSHA) that was initially dismissed, but then upheld on appeal. Corr Flight petitioned for the case to be reviewed, and ultimately the Court of Appeals denied the petition.
Corr Flight hired DeBuse on Oct. 15, 2018, and placed him in an observer role, where he was to fly and observe operations until becoming qualified as a second-in-command or pilot-in-command. He traveled as an observer—technically a passenger on the airplanes because people in that role aren’t allowed to perform any flight duties—during October 2019 with Lee. According to the Fifth Circuit document, “During those flights, DeBuse observed numerous safety issues: Lee did not record mechanical issues in the aircraft’s logbook, Lee left DeBuse alone in the cockpit, and Lee did not ensure that a member of the crew was wearing an oxygen mask.”
The situation escalated when DeBuse telephoned flight dispatcher Cody Shears on October 16. In a “profanity-laced phone call…DeBuse expressed his personal displeasure with Lee.” Then on October 19, he told chief pilot Nick James about “his safety concern with Lee leaving the flight deck.”
When DeBuse told company management that he would not fly with Lee because of these “safety violations,” managers told him “they had discussed the safety violation with Lee” and instructed DeBuse to either train with Lee or resign. “DeBuse refused to do either,” according to the court.
Corr Flight managers decided to suspend DeBuse without pay but offered him the opportunity to train at a third-party simulator provider. The offer included a training agreement and a deadline of November 27. DeBuse claimed that other Corr Flight pilots who were training in-house did not have to sign such agreements. “DeBuse did not accept or reject the offer because he considered it an unfair attempt to force him out of Corr Flight,” according to the Fifth Circuit. “On December 10, Corr Flight terminated DeBuse.”
After DeBuse filed the whistleblower complaint with OSHA, the agency dismissed it because it “found that DeBuse’s refusal to accept his training assignment was not a protected activity.” DeBuse then appealed that decision to the Department of Labor Office of Administrative Law Judges, where an administrative law judge (ALJ) found that DeBuse’s report of Lee’s safety violation was protected activity that contributed to his unpaid leave and awarded back pay, post-judgment interest, and attorney’s fees and costs. After a limited remand from the Administrative Review Board (ARB), the ALJ further found that “DeBuse’s refusal to fly with Lee constituted protected activity that was a contributing factor to his unpaid leave” and reaffirmed the award order.
Corr Flight appealed to the ARB, which affirmed the ALJ’s order. The ARB also denied Corr Flight’s motion to reconsider, so the company then filed the petition for review, according to the Fifth Circuit.&nbsp;
While Corr Flight’s petition for review did not challenge “the ALJ’s determination that DeBuse’s report of Lee’s safety violation to Corr Flight management was a protected activity,” the company did challenge “the second justification for the ALJ’s order: refusal to fly.”&nbsp;
According to the Fifth Circuit, “Instead, because Corr Flight erroneously believed ‘it is undisputed that [DeBuse’s] report did not lead to [his] suspension’…‘that is not the question presented.’ Appellants must raise issues in their briefs to preserve them. Corr Flight has forfeited on petition for review the ALJ’s determination that DeBuse’s report constituted protected activity.
“Accordingly, one justification for the ALJ’s order remains undisturbed and independently allows the ALJ’s order to stand. We deny the petition for review of the ARB’s order on that basis and do not address the failure-to-train rationale.”

News and issues concerning the aviation charter and fractional-ownership industries and markets, including company announcements, regulations, new developments and labor issues.

Fifth Circuit Court Denies Review Petition for Nicholas Air Pilot Case

Complaint centered on raising issues in briefs to preserve them

Corr Flight petitioned for the case to be reviewed, and ultimately the Court of Appeals denied the petition.

Court Denies Review Petition for Nicholas Air Pilot Case

2024 Corporate Aviation Leadership Summit

News and issues relating to business, corporate and private aviation, primarily regarding turbine-engine-powered airplanes and helicopters. Subjects include aircraft, engines, maintenance, operations, personnel, acquisitions, accidents, safety, security, and training.

Previous limits made it difficult to book flights across the Tasman Sea, which lies between Australia and New Zealand

NZ CAA Approves Navair for Unlimited Charter Access

Charlotte Bailey

Social media helping drive demand for new experiences as Middle East market still weak

Luxaviation Meets Charter Demand for New Destinations

Charles Alcock

News and developments about airplanes, helicopters and unmanned air vehicles used in all varieties of operations, including airlines, military, business, commercial, general aviation and private.

News about bills, laws, regulations and other governmental decisions affecting aviation and aerospace. Topics include FAA re-authorizations, taxes on fuel and aviation activities, environmental legislation, ICAO decisions, governmental mediation of labor conflicts and World Trade Organization disputes and decisions.

Northern Ireland-based 247 Aviation is set to take over air ambulance work

Gama Aviation Sues over Loss of Air Ambulance Contract

New developments at airports including regulations and noise issues; legal disputes; openings, acquisitions and mergers.

News about simulators and training procedures, as well as workforce.

New Europe facility includes training and operations centers

Flexjet’s New Farnborough Terminal Could Spur Global Growth

Europe-based group is adding a pair of Bombardier Global 8000 jets, plus a 6500

Middle East and Africa Fuel Comlux’s Charter Growth

News and issues about aviation maintenance, repair and overhaul (MRO), covering all segments of the aviation industry; and modifications for aircraft and engines. Subjects include product support of aircraft, engines and avionics, MRO company mergers, acquisitions, announcements and personnel, Airworthiness Directives, Supplemental Type Certificate approvals and other topics.

In this article

Nicholas Air

More In Charter & Fractional

NZ CAA Approves Navair for Unlimited Charter Access

Previous limits made it difficult to book flights across the Tasman Sea, which lies between Australia and New Zealand

Luxaviation Meets Charter Demand for New Destinations

Social media helping drive demand for new experiences as Middle East market still weak

Gama Aviation Sues over Loss of Air Ambulance Contract

Northern Ireland-based 247 Aviation is set to take over air ambulance work

Flexjet’s New Farnborough Terminal Could Spur Global Growth

New Europe facility includes training and operations centers

Middle East and Africa Fuel Comlux’s Charter Growth

Europe-based group is adding a pair of Bombardier Global 8000 jets, plus a 6500

ATI Jet Lawsuit Alleges Hourly Service Plan Setbacks

Lack of rental engines is a focus of the complaint

China’s Sino Jet Expands Charter Fleet with Second G700

The Hong Kong-based operator now has almost 50 business aircraft

Honda Aircraft Unit Backs Thrive Fractional Jet Program

Program launches with HondaJet HA-420 and Bombardier Challenger 3500

AIN Products

SUBSCRIPTIONS

RESOURCES

ABOUT AIN