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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, 8:31 am
  #2656  
 
Join Date: Sep 2015
Programs: LH SEN; BA Gold
Posts: 8,406
Originally Posted by Bouncer
You keep saying he broke the law? Given that he hasn't been charged with anything, how can that possibly be true?
He disobeyed UA staff! That's a capital crime ! @:-)
WorldLux is online now  
Old Apr 11, 2017, 8:31 am
  #2657  
 
Join Date: Apr 2014
Posts: 107
This is clearly a PR nightmare for United - though from Oscar's response especially the email he sent to his employees it isn't. They might have won that battle on getting the pax off the aircraft but in the court of public opinion they have lost the war. This video has been seen worldwide.

At this point Oscar needs to simply take ownership of the situation and apologize to the passenger this occurred to in public. Also, setup a meeting in person and apologize - it would go a long way. Apologize Apologize Apologize.

What would have happened if this was someone else and while being dragged off the aircraft had a heart attack or hit his head while being dragged and had a stroke or died?

Now imagine this being someone your know or your dad!
Flyer1M is offline  
Old Apr 11, 2017, 8:31 am
  #2658  
 
Join Date: Sep 2015
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Originally Posted by MDJennings
CoC plus DOT caps fair market for them at either 400% of his oneway fare or $1,350--whichever is less. What are you confused about? Don't like DOT mandated minimum comp? Write your congressmen and let them know United was somehow unfair in following the stated rules.
The DOT doesn't say that's the most they can pay, it says that's the least they can be expected to pay if the passenger does not accept a lesser offer.
Rdenney is offline  
Old Apr 11, 2017, 8:32 am
  #2659  
 
Join Date: Apr 2017
Programs: UA Gold, AA DL
Posts: 25
Originally Posted by WorldLux
Please point me to the piece of legislation that provides that passengers have to leave if the airline fails when performing a contract.
The two are not connected. Passengers can be removed from flights regardless of any "contract".

the legislation which covers crewmember instruction is CFR 121.580 and CFR 135.120.

Additionally, the contract which you are erroneously tying to the rights of the crew to remove passengers, actually does account for this situation. A passenger who is refusing to comply with instructions is in violation of the Contract of Carriage and can be removed from the flight. (ama

https://www.united.com/web/en-US/con...-carriage.aspx

Rule 21, heading F.

UA shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:

Breach of Contract of Carriage – Failure by Passenger to comply with the Rules of the Contract of Carriage.
Government Request, Regulations or Security Directives – Whenever such action is necessary to comply with any government regulation, Customs and Border Protection, government or airport security directive of any sort, or any governmental request for emergency transportation in connection with the national defense.
Force Majeure and Other Unforeseeable Conditions – Whenever such action is necessary or advisable by reason of weather or other conditions beyond UA’s control including, but not limited to, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported.
Search of Passenger or Property – Whenever a Passenger refuses to submit to electronic surveillance or to permit search of his/her person or property.
Proof of Identity – Whenever a Passenger refuses on request to produce identification satisfactory to UA or who presents a Ticket to board and whose identification does not match the name on the Ticket. UA shall have the right, but shall not be obligated, to require identification of persons purchasing tickets and/or presenting a ticket(s) for the purpose of boarding the aircraft.
Failure to Pay – Whenever a Passenger has not paid the appropriate fare for a Ticket, Baggage, or applicable service charges for services required for travel, has not paid an outstanding debt or Court judgment, or has not produced satisfactory proof to UA that the Passenger is an authorized non-revenue Passenger or has engaged in a prohibited practice as specified in Rule 6.
Across International Boundaries – Whenever a Passenger is traveling across any international boundary if:
The government required travel documents of such Passenger appear not to be in order according to UA's reasonable belief; or
Such Passenger’s embarkation from, transit through, or entry into any country from, through, or to which such Passenger desires transportation would be unlawful or denied for any reason.
Safety – Whenever refusal or removal of a Passenger may be necessary for the safety of such Passenger or other Passengers or members of the crew including, but not limited to:
Passengers whose conduct is disorderly, offensive, abusive, or violent;
Passengers who fail to comply with or interfere with the duties of the members of the flight crew, federal regulations, or security directives;
Passengers who assault any employee of UA, including the gate agents and flight crew, or any UA Passenger;
Passengers who, through and as a result of their conduct, cause a disturbance such that the captain or member of the cockpit crew must leave the cockpit in order to attend to the disturbance;
Passengers who are barefoot or not properly clothed;
Passengers who appear to be intoxicated or under the influence of drugs to a degree that the Passenger may endanger the Passenger or another Passenger or members of the crew (other than a qualified individual whose appearance or involuntary behavior may make them appear to be intoxicated or under the influence of drugs);
Passengers wearing or possessing on or about their person concealed or unconcealed deadly or dangerous weapons; provided, however, that UA will carry law enforcement personnel who meet the qualifications and conditions established in 49 C.F.R. §1544.219;
Passengers who are unwilling or unable to follow UA’s policy on smoking or use of other smokeless materials;
Unless they comply with Rule 6 I), Passengers who are unable to sit in a single seat with the seat belt properly secured, and/or are unable to put the seat’s armrests down when seated and remain seated with the armrest down for the entirety of the flight, and/or passengers who significantly encroach upon the adjoining passenger’s seat;
Passengers who are manacled or in the custody of law enforcement personnel;
Passengers who have resisted or may reasonably be believed to be capable of resisting custodial supervision;
Pregnant Passengers in their ninth month, unless such Passenger provides a doctor’s certificate dated no more than 72 hours prior to departure stating that the doctor has examined and found the Passenger to be physically fit for air travel to and from the destination requested on the date of the flight, and that the estimated date of delivery is after the date of the last flight;
Passengers who are incapable of completing a flight safely, without requiring extraordinary medical assistance during the flight, as well as Passengers who appear to have symptoms of or have a communicable disease or condition that could pose a direct threat to the health or safety of others on the flight, or who refuse a screening for such disease or condition. (NOTE: UA requires a medical certificate for Passengers who wish to travel under such circumstances. Visit UA’s website, united.com, for more information regarding UA’s requirements for medical certificates);
Passengers who fail to travel with the required safety assistant(s), advance notice and/or other safety requirements pursuant to Rules 14 and 15;
Passengers who do not qualify as acceptable Non-Ambulatory Passengers (see Rule 14);
Passengers who have or cause a malodorous condition (other than individuals qualifying as disabled);
Passengers whose physical or mental condition is such that, in United’s sole opinion, they are rendered or likely to be rendered incapable of comprehending or complying with safety instructions without the assistance of an escort. The escort must accompany the escorted passenger at all times; and
Unaccompanied passengers who are both blind and deaf, unless such passenger is able to communicate with representatives of UA by either physical, mechanical, electronic, or other means. Such passenger must inform UA of the method of communication to be used; and
Passengers who are unwilling to follow UA’s policy that prohibits voice calls after the aircraft doors have closed, while taxiing in preparation for takeoff, or while airborne.
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Old Apr 11, 2017, 8:32 am
  #2660  
 
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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.
The fact that an overbooking situation was allowed to escalate to the point of needing to involuntarily remove passengers shows a stunning lack of customer centricity.


Originally Posted by jjmoore
You are still avoiding the fact that this guy disobeyed LEO. It's that simple. Why are people so anti-authority here
And this, ladies and gentleman, is the kind of attitude is what leads to some of the more memorable images of our times. Regardless of what the letter of the law is, it is encumbent on good people to stand up and object to bad laws and/or bad enforcement. IMO this situation with United is a clear example of airline employees who would rather use force against a customer than to raise the voluntary compensation amount a bit.








I've seen dozens of videos on Youtube of passengers cheering when unruly passengers are taken off planes. This case is unique. At least 3-4 people could be heard objecting to the actions of the airline/police. IMO this was handled 100% wrong by the Airline and Chicago Aviation Police

Last edited by LordHamster; Apr 11, 2017 at 8:38 am
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Old Apr 11, 2017, 8:33 am
  #2661  
 
Join Date: Mar 2013
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Originally Posted by trouble747
Perhaps some are offering a bit more sympathy for the passenger, particularly in light of the fact that the officer was apparently violating procedure and the fact that, without even a complete investigation, his employing agency has disowned his actions. Do you know, for a fact, that the passenger was given a clear, legal order, and then failed to comply before force was used?
You are asking me if I know exactly word for word what was said... I don't think anyone knows that, including those that were seated right by him. What is extraordinarily clear is that the pax disobeyed orders / requests from the flight crew, and likewise with the LEO's that came on board. Those that have been interviewed have indicated this much.

So again, it comes down to the fact that this guy did not do what he was told by an authority. Mistake.

I'm sorry if I sound rash, but this is what it comes down to.

Shame on UA for allowing the situation to arise.

Shame on the LEO for using excessive force (if this is the result of the probe)

Shame on the pax for being bull-headed and defiant, and for disobeying orders given by the flight crew and LEO's.

It's a shame that the media has blown this into what it is... sure it deserves attention (focused on toughening up regs on airlines), but it has turned into an anti-authority witch hunt, which is portraying this pax as a saint and LEO's and UA as satan. This is what the media has done best for the last couple years anyway.
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Old Apr 11, 2017, 8:34 am
  #2662  
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Posts: 100,417
Originally Posted by flyerbaby19
They did buy back his seat with IDB comp that was probably 5-10x what he paid following the law and terms and conditions of the ticket. But he refused to get off the plane. If you refuse to comply with law enforcement officers, this is what happens to you.
WRONG. IBD compensation is only four times the fare that was paid by the passenger for the segment. If UA picked the four people with the cheapest tickets, this would only be a several hundred dollars.
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Old Apr 11, 2017, 8:34 am
  #2663  
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Originally Posted by Arctic Troll
Legal =/= Ethical.

But this is the power of PR. The news leads with an old doctor getting his face smashed open on an armrest because UA wanted a staffer to have his seat.

We all understand they can do this. But that doesn't mean they should. UA PR clearly haven't got this yet.
Right. No one at UA apparently knew that everyone on the plane has a camera. Ten or twelve years ago this wasn't the case but it sure is now. About the only thing I think UA could have done worse is try to eject the people taking movies and confiscate their cameras. In fact, I'm a little surprised they didn't try it.
GadgetFreak is online now  
Old Apr 11, 2017, 8:35 am
  #2664  
 
Join Date: Jul 2005
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Over 30 years i've seen several IDB situations and the whole process was conducted before boarding.
hazelrah is offline  
Old Apr 11, 2017, 8:37 am
  #2665  
 
Join Date: Sep 2015
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Originally Posted by ROCAT
Jumpseaters are considered crew for the flight by the FAA and if an emergency occurs you are expected to act as such. Even when we controllers cockpit Jumpseat we are told that we might take over the radios if need be.
Taking over the radio does not require one to be a pilot certified on that aircraft. FAA ATC's that take their required annual orientation flight are allowed to use the jump seat, though most prefer the free drinks in J. Very few of them are air transport pilots (many are private pilots), and they wouldn't be an ATC and still maintain their aircraft certs.
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Old Apr 11, 2017, 8:37 am
  #2666  
 
Join Date: Apr 2009
Posts: 41
Originally Posted by jjmoore
It's a shame that the media has blown this into what it is... sure it deserves attention (focused on toughening up regs on airlines), but it has turned into an anti-authority witch hunt, which is portraying this pax as a saint and LEO's and UA as satan. This is what the media has done best for the last couple years anyway.
Again I ask, in a democratic society - WHO exactly is the authority?

Is it the police who are there to serve the public or the public who should be serving the police force?

This is no anti-authority witchhunt. The individual concerned who displayed anti-authority tendencies was the enforcement officer who refused to uphold the civil rights of the passenger.
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Old Apr 11, 2017, 8:38 am
  #2667  
 
Join Date: Aug 2016
Posts: 259
Originally Posted by SFO28L
Certainly there were 4 people on the plane that could be inconvenienced at minimal disruption to their lives, allowing the remaining passengers to travel on time.
I understand your sentiment but in reality, there is no objective way (other than monetary compensation) to judge who will be least inconvenienced. Don't forget there are 4 employees who could be driven to their destination by car. The onus is on United to increase the offer, not on 4 passengers to accept a bad offer out of kindness.
simpletastes is offline  
Old Apr 11, 2017, 8:38 am
  #2668  
 
Join Date: Apr 2017
Programs: Chase, Amex, Citi, basically all of them
Posts: 72
Originally Posted by demkr
I actually think this might be worse for United.

Not only did they remove a...
elderly...
minority...
doctor...
allegedly needing to be home to see his patients...

now it turns out the pax is also...
homosexual...
probably mentally unstable...

It's almost like the person at United went through a list and was like, "let's see how many of these I can hit [literally] at once."
newaliases is offline  
Old Apr 11, 2017, 8:39 am
  #2669  
 
Join Date: Apr 2016
Location: BNA (Nashville)
Programs: HH Diamond
Posts: 6,229
Cost of yesterday's IDB on UA value so far this morning:
$3 per share and dropping
x $314.62 Million Shares
= $943 Million as of 10:30 ET

It gets expensive 'simply following procedures'.
bitterproffit is offline  
Old Apr 11, 2017, 8:39 am
  #2670  
 
Join Date: Mar 2013
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Posts: 2,820
Originally Posted by LordHamster
And this, ladies and gentleman, is the kind of attitude is what leads to some of the more memorable images of our times.





Genius ... oh wait... geniuses don't make comparisons between apples and oranges.
jjmoore is offline  


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