Suit targets Republic Airways’ pilot non-compete contracts

Republic Airways, a regional airline based out of Indianapolis, is facing a second lawsuit filed in Marion County Superior Court on Wednesday, April 3.

The International Brotherhood of Teamsters Local 357 based in Carmel, and Elijah Burgess, a pilot out of New York, are suing the airline over what they deem as unlawful non-compete agreements.

Republic Airways’ non-management pilots are member of the Teamsters union, according to the lawsuit. The union represents these pilots in all matters concerning employment and has the capacity to sue and be sued in its own name.

According to the lawsuit, Burgess claims he was presented with a document which was a contract containing numerous terms and conditions.

The lawsuit claims individual pilots lack the legal capacity to make his or her own agreement with Republic Airways concerning work, wages, compensation and benefits without the benefit of union representation by the pilot’s exclusive representative.

“We want Republic Airways to be competitive and successful, but it is wrong for the company to seek a competitive advantage by exploiting young pilots who are eager to establish their career and fly professionally,” said Anthony Campo, president of Teamsters Local 357 and a Republic Airways pilot in a release.

According to the release, the company’s proposed agreement requires them to work at Republic Airways for a minimum of two years or pay the company a penalty of $100,000 and be barred from flying professionally for up to a year.

Furthermore, the suit claims Republic Airways violated the law when it wrongfully terminated Burgess, but still attempted to enforce the noncompete clause by demanding he pay $100,000 in damages, as well as nearly $28,000 in training and hotel costs, and threatening Burgess with legal action if he got a job at a competing airline.

The release pulled one specific provision from the lawsuit.

“No matter what label the company slaps on these documents, the fact remains that [it] opts for the proverbial stick, while telling pilots it’s a carrot,” the release noted from the lawsuit. “That is not competition, and it certainly does not benefit the public interest.”

IndyStar reached out for comment from Republic Airways regarding the lawsuit early Thursday morning. The company has not yet issued a response.

Republic Airways has requested the lawsuit be moved to a different court, but an initial hearing is still set for Friday, April 5 before Superior Court Judge John F. Hanley, according to the release.

Chris Sims is a digital content producer for Midwest Connect Gannett. Follow him on Twitter: @ChrisFSims.