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Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}

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Old Apr 10, 2017, 8:42 pm
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Statement from United Airlines Regarding Resolution with Dr. David Dao - released 27 April 2017
CHICAGO, April 27, 2017 /PRNewswire/ -- We are pleased to report that United and Dr. Dao have reached an amicable resolution of the unfortunate incident that occurred aboard flight 3411. We look forward to implementing the improvements we have announced, which will put our customers at the center of everything we do.
DOT findings related to the UA3411 9 April 2017 IDB incident 12 May 2017

What facts do we know?
  • UA3411, operated by Republic Airways, ORD-SDF on Sunday, April 9, 2017. UA3411 was the second to last flight to SDF for United. AA3509 and UA4771 were the two remaining departures for the day. Also, AA and DL had connecting options providing for same-day arrival in SDF.
  • After the flight was fully boarded, United determined four seats were needed to accommodate crew to SDF for a flight on Monday.
  • United solicited volunteers for VDB. (BUT stopped at $800 in UA$s, not cash). Chose not to go to the levels such as 1350 that airlines have been known to go even in case of weather impacted disruption)
  • After receiving no volunteers for $800 vouchers, a passenger volunteered for $1,600 and was "laughed at" and refused, United determined four passengers to be removed from the flight.
  • One passenger refused and Chicago Aviation Security Officers were called to forcibly remove the passenger.
  • The passenger hit the armrest in the aisle and received a concussion, a broken nose, a bloodied lip, and the loss of two teeth.
  • After being removed from the plane, the passenger re-boarded saying "I need to go home" repeatedly, before being removed again.
  • United spokesman Jonathan Guerin said the flight was sold out — but not oversold. Instead, United and regional affiliate Republic Airlines – the unit that operated Flight 3411 – decided they had to remove four passengers from the flight to accommodate crewmembers who were needed in Louisville the next day for a “downline connection.”

United Express Flight 3411 Review and Action Report - released 27 April 2017

Videos

Internal Communication by Oscar Munoz
Oscar Munoz sent an internal communication to UA employees (sources: View From The Wing, Chicago Tribune):
Dear Team,

Like you, I was upset to see and hear about what happened last night aboard United Express Flight 3411 headed from Chicago to Louisville. While the facts and circumstances are still evolving, especially with respect to why this customer defied Chicago Aviation Security Officers the way he did, to give you a clearer picture of what transpired, I've included below a recap from the preliminary reports filed by our employees.

As you will read, this situation was unfortunately compounded when one of the passengers we politely asked to deplane refused and it became necessary to contact Chicago Aviation Security Officers to help. Our employees followed established procedures for dealing with situations like this. While I deeply regret this situation arose, I also emphatically stand behind all of you, and I want to commend you for continuing to go above and beyond to ensure we fly right.

I do, however, believe there are lessons we can learn from this experience, and we are taking a close look at the circumstances surrounding this incident. Treating our customers and each other with respect and dignity is at the core of who we are, and we must always remember this no matter how challenging the situation.

Oscar

Summary of Flight 3411
  • On Sunday, April 9, after United Express Flight 3411 was fully boarded, United's gate agents were approached by crewmembers that were told they needed to board the flight.
  • We sought volunteers and then followed our involuntary denial of boarding process (including offering up to $1,000 in compensation) and when we approached one of these passengers to explain apologetically that he was being denied boarding, he raised his voice and refused to comply with crew member instructions.
  • He was approached a few more times after that in order to gain his compliance to come off the aircraft, and each time he refused and became more and more disruptive and belligerent.
  • Our agents were left with no choice but to call Chicago Aviation Security Officers to assist in removing the customer from the flight. He repeatedly declined to leave.
  • Chicago Aviation Security Officers were unable to gain his cooperation and physically removed him from the flight as he continued to resist - running back onto the aircraft in defiance of both our crew and security officials.
Email sent to all employees at 2:08PM on Tuesday, April 11.
Dear Team,

The truly horrific event that occurred on this flight has elicited many responses from all of us: outrage, anger, disappointment. I share all of those sentiments, and one above all: my deepest apologies for what happened. Like you, I continue to be disturbed by what happened on this flight and I deeply apologize to the customer forcibly removed and to all the customers aboard. No one should ever be mistreated this way.

I want you to know that we take full responsibility and we will work to make it right.

It’s never too late to do the right thing. I have committed to our customers and our employees that we are going to fix what’s broken so this never happens again. This will include a thorough review of crew movement, our policies for incentivizing volunteers in these situations, how we handle oversold situations and an examination of how we partner with airport authorities and local law enforcement. We’ll communicate the results of our review by April 30th.

I promise you we will do better.

Sincerely,

Oscar
Statement to customers - 27 April 2017
Each flight you take with us represents an important promise we make to you, our customer. It's not simply that we make sure you reach your destination safely and on time, but also that you will be treated with the highest level of service and the deepest sense of dignity and respect.

Earlier this month, we broke that trust when a passenger was forcibly removed from one of our planes. We can never say we are sorry enough for what occurred, but we also know meaningful actions will speak louder than words.

For the past several weeks, we have been urgently working to answer two questions: How did this happen, and how can we do our best to ensure this never happens again?

It happened because our corporate policies were placed ahead of our shared values. Our procedures got in the way of our employees doing what they know is right.

Fixing that problem starts now with changing how we fly, serve and respect our customers. This is a turning point for all of us here at United – and as CEO, it's my responsibility to make sure that we learn from this experience and redouble our efforts to put our customers at the center of everything we do.

That’s why we announced that we will no longer ask law enforcement to remove customers from a flight and customers will not be required to give up their seat once on board – except in matters of safety or security.

We also know that despite our best efforts, when things don’t go the way they should, we need to be there for you to make things right. There are several new ways we’re going to do just that.

We will increase incentives for voluntary rebooking up to $10,000 and will be eliminating the red tape on permanently lost bags with a new "no-questions-asked" $1,500 reimbursement policy. We will also be rolling out a new app for our employees that will enable them to provide on-the-spot goodwill gestures in the form of miles, travel credit and other amenities when your experience with us misses the mark. You can learn more about these commitments and many other changes at hub.united.com.

While these actions are important, I have found myself reflecting more broadly on the role we play and the responsibilities we have to you and the communities we serve.

I believe we must go further in redefining what United's corporate citizenship looks like in our society. If our chief good as a company is only getting you to and from your destination, that would show a lack of moral imagination on our part. You can and ought to expect more from us, and we intend to live up to those higher expectations in the way we embody social responsibility and civic leadership everywhere we operate. I hope you will see that pledge express itself in our actions going forward, of which these initial, though important, changes are merely a first step.

Our goal should be nothing less than to make you truly proud to say, "I fly United."

Ultimately, the measure of our success is your satisfaction and the past several weeks have moved us to go further than ever before in elevating your experience with us. I know our 87,000 employees have taken this message to heart, and they are as energized as ever to fulfill our promise to serve you better with each flight and earn the trust you’ve given us.

We are working harder than ever for the privilege to serve you and I know we will be stronger, better and the customer-focused airline you expect and deserve.

With Great Gratitude,

Oscar Munoz
CEO
United Airlines
Aftermath
Poll: Your Opinion of United Airlines Reference Material

UA's Customer Commitment says:
Occasionally we may not be able to provide you with a seat on a specific flight, even if you hold a ticket, have checked in, are present to board on time, and comply with other requirements. This is called an oversale, and occurs when restrictions apply to operating a particular flight safely (such as aircraft weight limits); when we have to substitute a smaller aircraft in place of a larger aircraft that was originally scheduled; or if more customers have checked in and are prepared to board than we have available seats.

If your flight is in an oversale situation, you will not be denied a seat until we first ask for volunteers willing to give up their confirmed seats. If there are not enough volunteers, we will deny boarding to passengers in accordance with our written policy on boarding priority. If you are involuntarily denied boarding and have complied with our check-in and other applicable rules, we will give you a written statement that describes your rights and explains how we determine boarding priority for an oversold flight. You will generally be entitled to compensation and transportation on an alternate flight.

We make complete rules for the payment of compensation, as well as our policy about boarding priorities, available at airports we serve. We will follow these rules to ensure you are treated fairly. Please be aware that you may be denied boarding without compensation if you do not check in on time or do not meet certain other requirements, or if we offer you alternative transportation that is planned to arrive at your destination or first stopover no later than one hour after the planned arrival time of your original flight.
CoC is here: https://www.united.com/web/en-US/con...-carriage.aspx
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Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}

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Old Apr 11, 2017, 7:48 am
  #2566  
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Originally Posted by david55
I just saw a news story on CNN interviewing a passenger rights advocate. The maximum an airline can offer is $1350 in compensation. He wondered why they didn't offer at least closer to the maximum to see if they could get some takers.

I am not a frequent flier but when I heard and saw the story... I'll be damned if I fly United after what I saw. The majority of us could careless about who was right or wrong ... it's all in visuals
This is incorrect.

In VDB, the airline can offer anything (not illegal, so obviously not a ton of illegal drugs or a child prostitute) that it and the passenger negotiate. DL regularly offers a VDBs well in excess of $1350 depending on the circumstances.

For an official IDB, compensation in money is mandatory according to USA DOT regulations. The rules say that if the scheduled arrival delay on a domestic segment is four hours or longer, compensation will be the minimum of $1350 or four times the fare the passenger paid for the segment. If the passenger had a cheap ticket, UA would only be obligated to pay something like $400, and probably less if it was a connecting flight. By picking those with cheap tickets to IDB, UA never has to pay anything close to $1350.

An airline is free to provide additional customer service gestures to IDBed passengers if it chooses to do so. DOT rules only state the amount of money that the carrier must pay.

Last edited by MSPeconomist; Apr 11, 2017 at 6:48 pm Reason: Typo
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Old Apr 11, 2017, 7:48 am
  #2567  
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Originally Posted by jjmoore
This still does not address the fact that you should obey the order of a LEO... period. If he had disembarked willfully, we wouldn't be here talking about this.
If the ORD gate agents had had the brains to taxi their four deadheaders down to Midway and put them on the evening Southwest nonstop to SDF for $100 each, we wouldn't be talking about this, either.
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Old Apr 11, 2017, 7:48 am
  #2568  
 
Join Date: Aug 2016
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Originally Posted by smcgrath12
Why not have an open auction of the seat right at the gate by UA? Start with $100 and up the offer every $50 until someone comes forward? Have a cap, of say, $10000. Make it sufficiently big that someone (or a bunch of folks) will bite. Instead of United (or FAA or whaever) setting the max price, let the passengers put a price?
Because it is usually more profitable to offer up to a cap and de-board passengers involuntarily after that.

Except this time.
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Old Apr 11, 2017, 7:48 am
  #2569  
 
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Originally Posted by jwh212
its totally up to the crew's discretion
Sure, and there are extensive legal constraints on that discretion. Hence, the reason, for instance, that a number of posters upthread have half-jokingly pointed out to you that the crew does not have the discretion to instruct a passenger to strip naked and to sing Frozen in the galley, and that the passenger's refusal to do so would be perfectly legal.

Regardless of the legal issues here, however, public perception is FAR more important than the legal nuances. I think that many of us agree that the passenger should have de-planed, but his refusal to do so has become just a footnote in the overall context of United and the security guards' decision to further escalate the situation and to treat him in a way that no human being in his situation should EVER be treated.

In short, United had a number of reasonable options available to it, such as increasing the compensation offers until they found a volunteer, etc... Yet, they went with the most unreasonable, most inhumane option available, and then, in response to the ensuing PR firestorm, doubled down and insisted that they acted properly. Such a tone deaf response only adds fuels people's already considerable outrage over United's ill advised conduct.
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Old Apr 11, 2017, 7:49 am
  #2570  
 
Join Date: Apr 2017
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Originally Posted by Rdenney
They have the right to deny boarding, but that does not imply the right to forcibly remove a person from the plane who has already boarded. We'll probably get to see how a judge and jury defines the word "boarding", but any plain reading of that word (including how the gate agents use it) means entering the aircraft--maybe even the jetbridge given that the "boarding" happens at the scanner--and taking one's seat.

The video I saw made it quite clear how his face got bloody--it came into contact with the armrest after the LEO's handling of him resulted in a loss of physical control. There was the beginnings of bleeding when they were dragging him (when his glasses were displaced), and it continued to bleed, spilling out of his mouth.

As to property owners having the right to eject trespassers, well, not so fast. This man had a right to be there, and was indeed invited to be there. He was not doing anything to cause the airline to rescind that invitation except being high up on a list he was never shown. What the pax heard was "random" even if that is not what was said. He had no expectation of being forcibly removed from the airplane, so of course he is going to stand his ground. The airline is not someone's living room, and the man was not loitering. They have provided a public accommodation for which he paid and was invited to use.
The airline has the right to deny boarding and to remove unruly passengers, without much limit to their discretion. There may be property tresspass law involved here, but there is more specific law related to common carrier air services and the rights the crew has to manage passengers. As far as I know, boarding is only considered complete after the plane has closed the door and the plane pushed back from the jetway, up until that point passengers may come and go off the plane and seating adjustments be made.

I agree that its a huge problem for UA's credibility because the average passenger is going to think that once they are in the seat they are all good.

however in the end the issue is that he was asked to leave the plane, dis-invited to use your parlance, and he refused to do so. He does not have a right to anything, he is a guest on a vessel under private ownership and must abide both their rules as well as US law while aboard, which he did not do.

I agree that UA in this case did not have the authority to forcibly remove someone from the plane, however the airport police do have that authority once asked by the airline.
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Old Apr 11, 2017, 7:50 am
  #2571  
 
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Originally Posted by am1996
Sure, and there are extensive legal constraints on that discretion. Hence, the reason, for instance, that a number of posters upthread have half-jokingly pointed out to you that the crew does not have the discretion to instruct a passenger to strip naked and to sing Frozen in the galley, and that the passenger's refusal to do so would be perfectly legal.

Regardless of the legal issues here, however, public perception is FAR more important than the legal nuances. I think that many of us agree that the passenger should have de-planed, but his refusal to do so has become just a footnote in the overall context of United and the security guards' decision to further escalate the situation and to treat him in a way that no human being in his situation should EVER be treated.

In short, United had a number of reasonable options available to it, such as increasing the compensation offers until they found a volunteer, etc... Yet, they went with the most unreasonable, most inhumane option available, and then, in response to the ensuing PR firestorm, doubled down and insisted that they acted properly. Such a tone deaf response only adds fuels people's already considerable outrage over United's ill advised conduct.
A voice of reason!
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Old Apr 11, 2017, 7:51 am
  #2572  
 
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Now, when people take any united airline, they realllllly should ask crew member seriously "Will I be dragged if oversold?" NO kidding.
AnDDDDDDDDDDDDDD it will be really really fun if whole fight passengers wore a T-shirt "Will I be dragged if oversold?"
Shame on United
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Old Apr 11, 2017, 7:51 am
  #2573  
 
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Many here have been saying that this could have equally likely happened on AA or DL or whatever. [deleted per Rule 16] happened, maybe an errant gate agent and rotten SOPs. The only right course of action for Munoz to do is to apologize, flat out. No conditionalities, ifs ands or buts. It's like making a racist or sexist statement, then trying to justify it - don't even try.

Munoz didn't do what was required. Now he should hurt. The entire airline should hurt because its leadership is rotten and doesn't understand basic human decency. If you believe boycotts don't work, please call your senators and tell them to stop the embargoes against North Korea, Iran and others not falling in line.

I will take my Gold elsewhere. Bye United, please hang Munoz out to dry.

Last edited by Pat89339; Apr 11, 2017 at 3:15 pm Reason: TOS 16
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Old Apr 11, 2017, 7:51 am
  #2574  
 
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Originally Posted by jjmoore
This still does not address the fact that you should obey the order of a LEO... period. If he had disembarked willfully, we wouldn't be here talking about this.
Sorry, I'm not going to blindly follow any and every directive of a LEO. In this circumstance, I imagine I would have left the plane without any need for the officers to be called. But you're offering a pretty absurd generalization. For example, I'm not going to follow an officer's instruction to do something I find morally reprehensible, or that I believe could result in harm to a loved one.
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Old Apr 11, 2017, 7:51 am
  #2575  
 
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Originally Posted by jjmoore
Every single flight to SDF was booked full / oversold. First available flight was Monday afternoon. I checked yesterday, and every single UA flight into SDF didn't take standbys, which tells me that they were either completely full or took volunteers.
On all airline not just United?
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Old Apr 11, 2017, 7:51 am
  #2576  
 
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Originally Posted by BearX220
If the ORD gate agents had had the brains to taxi their four deadheaders down to Midway and put them on the evening Southwest nonstop to SDF for $100 each, we wouldn't be talking about this, either.
You are still avoiding the fact that this guy disobeyed LEO. It's that simple. Why are people so anti-authority here?

Besides, the amount of time it would have taken that deadheaded crew to get to MDW and fly down would have put them into SDF late enough to significantly delay or negate their ability to fly the next morning.
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Old Apr 11, 2017, 7:52 am
  #2577  
 
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Originally Posted by jwh212
He does not have a right to anything, he is a guest on a vessel under private ownership and must abide both their rules as well as US law while aboard, which he did not do.
This is for the courts to decide, not the police.
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Old Apr 11, 2017, 7:52 am
  #2578  
 
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The old "seven P's" clearly applies to United here, but I am still amazed that they could not get enough volunteers to travel later. Unless I was connecting to an overseas flight or catching a cruise ship, I would gladly take a few hundred bucks and a hotel stay.

I must add: If the guy proved he was a doctor and said there medical reasons he needed to catch that flight, then United should have moved on to next person on the list.
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Old Apr 11, 2017, 7:52 am
  #2579  
 
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Originally Posted by MSPeconomist
This is incorrect.

In VDB, the airline can offer anything (not illegal, so obviously not a ton of illegal drugs or a child prostitute) that it and the passenger negotiate. DL regularly offers a VDBs well in excess of $1350 depending on the circumstances.

For an official IDB, compensation in money is mandatory according to USA DOT regulations. The rules say that if the scheduled arrival delay on a domestic segment is four hours or longs, compensation will be the minimum of $1350 or four times the fare the passenger paid for the segment. If the passenger had a cheap ticket, UA would only be obligated to pay something like $400, and probably less if it was a connecting flight. By picking those with cheap tickets to IDB, UA never has to pay anything close to $1350.

An airline is free to provide additional customer service gestures to IDBed passengers if it chooses to do so. DOT rules only state the amount of money that the carrier must pay.
+1. UA had offered my family $1000/person and in five minutes upped the amount to USD $1500/person (total USD $7500) plus business class the next day plus food and hotel. This was for EWR-PUJ where we would have to miss one day of vacation.
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Old Apr 11, 2017, 7:54 am
  #2580  
 
Join Date: Apr 2017
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Originally Posted by am1996
Sure, and there are extensive legal constraints on that discretion. Hence, the reason, for instance, that a number of posters upthread have half-jokingly pointed out to you that the crew does not have the discretion to instruct a passenger to strip naked and to sing Frozen in the galley, and that the passenger's refusal to do so would be perfectly legal.

Regardless of the legal issues here, however, public perception is FAR more important than the legal nuances. I think that many of us agree that the passenger should have de-planed, but his refusal to do so has become just a footnote in the overall context of United and the security guards' decision to further escalate the situation and to treat him in a way that no human being in his situation should EVER be treated.

In short, United had a number of reasonable options available to it, such as increasing the compensation offers until they found a volunteer, etc... Yet, they went with the most unreasonable, most inhumane option available, and then, in response to the ensuing PR firestorm, doubled down and insisted that they acted properly. Such a tone deaf response only adds fuels people's already considerable outrage over United's ill advised conduct.
Most people implicitly understand that nobody may violate your constitutional rights as part of their lawful job duties. for example I could write up a contract and put in a clause that says, "this portion will be paid in the blood of your firstborn", since that's not legal, obviously that part of the contract is not enforceable.

There are actually surprisingly few restrictions on the airline booting you off the plane. Its a lawful request for them to ask you to deplane. It's not asking them to get naked or anything else unlawful.

Like I've said before, obviously the PR is really bad in this case, but that's not what I have been commenting on.
jwh212 is offline  


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