Republic Airways lawsuit by Teamsters contests pilot's termination, non-compete clause

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, Ind., 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 non-compete clause by demanding he pay $100,000 in damages, as well as nearly $28,000 in training and hotel costs, and threatening him 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.

This story will be updated.

What is Republic Airways?

Republic Airways is an corporation in Indiana based in Marion County, according to the lawsuit. The company is a “regional” airline providing air service to “mainline” airlines American Airlines, Delta Air Lines and United Air Lines, as part of those mainline airlines’ overall route network.

The company is a subcontractor of the mainline airlines to fly their passengers in aircraft the company operates and maintains on routes assigned by the mainline airlines, the lawsuit states. The company does not maintain any routes of its own nor does it sell airline tickets to passengers. It solely operates flight schedules to and from destinations assigned by its mainline airline customers.

Who owns Republic Airways?

The company is owned by Republic Airways Holdings Inc.

How many pilots work for Republic Airways?

Republic Airways employs approximately 1,950 pilots who operate flights for the airline, according to the lawsuit.

What is the International Brotherhood of Teamsters?

According to the website, Teamsters are the largest, most diverse union in the country.

The Teamsters started as a merger of the two leading team driver associations in 1903. These drivers were the backbone of economic growth in the U.S., but needed to organize to wrest their fair share from corporations − a task the union still maintains today.

How long has the International Brotherhood of Teamsters Local 357 represent pilots for Republic Airways?

The union has entered into collective bargaining agreements in 1994, 1998, 2003, 2015, 2018 and 2022 with theRepublic Airways, which established the rates of pay, rules and working conditions applicable tothe pilots, according to the lawsuit.

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

This article originally appeared on Journal Star: Teamsters file lawsuit against Indianapolis-based Republic Airways