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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, 11:38 am
  #2986  
 
Join Date: Mar 2011
Location: ILM
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Posts: 44
It's entirely possible for United to be technically right here and still be completely wrong. Welcome to Public Relations. This is going to be a case study for years to come.
wolfsatz is offline  
Old Apr 11, 2017, 11:38 am
  #2987  
 
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Originally Posted by kop84
Just because someone wears a badge does not give them unlimited authority.
Precisely. It's as if some random dude on the plane tried to grab me from my seat. You bet your life I would resist.
erlich is offline  
Old Apr 11, 2017, 11:38 am
  #2988  
 
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Originally Posted by minnyfly
I can't believe you want to empower and legalize extortion. Unbelievable.
"Delta Air Lines paid one woman $11,000 not to fly last weekend"

When you are in your 60's $800 is just not enough to force you to take a flight the next day. The older you get the more you feel the impact of a flight disruption.
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Old Apr 11, 2017, 11:38 am
  #2989  
 
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Originally Posted by desi
May be Minnifly has never heard of Gandhi. Gandhi too was also given a lawful order to give up his paid first class seat and thrown out for disobeying the "lawful" order. Today, not many people go on forums to defend that South African train conductor even though what he did was "lawful".
Equating this to Ghandi's satyagraha against the British Raj IMHO only dilutes Ghandi's great work, just as it would be comparing him to Rosa Parks or any other historical figure of that nature.
IamBartman is offline  
Old Apr 11, 2017, 11:39 am
  #2990  
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Originally Posted by ijgordon
I assume so, but I think they're relevant in the court of public opinion as people are trying to assess what actually happened, especially before the cameras turned on, so they can form their own opinions on the situation and then go blast them all over social media.

Knowing his past lends credence to the claim from UA that he was "disruptive and belligerent" (or whatever term they used). Perhaps people's experiences with UA agents making false claims like this and mistreating passengers takes some of that credence away. Everyone is going to react to the information they have in their own way. It seems like the public was (initially) reacting only to the fact that the passenger was dragged out of his seat and his head inadvertently crashed against an armrest.
In the "court of public opinion" this is more or less like when Cortez landed in Mexico. It may drag out for a bit but it was over the second those videos hit the internet.
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Old Apr 11, 2017, 11:39 am
  #2991  
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Originally Posted by minnyfly
I can't believe you want to empower and legalize extortion. Unbelievable.
Extortion: "the practice of obtaining something, especially money, through force or threats"

It seems clear to me that it was United doing the extortion in this case. They had all the power in this situation, including the power to leverage off of and threaten the use of violence through state sanctioned actors. The idea that it was the 69-year old 'extorting' United when he had paid for his ticket, had a reasonable expectation not to be pulled from the plane and it was United who used both physical force and threats to remove him to obtain an outcome in their interests does not make any sense to me.
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Old Apr 11, 2017, 11:41 am
  #2992  
 
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Originally Posted by eng3
UA is the one who is exercising their contractual right to remove him from the plane. They are under no obligation to reward a passenger for non-compliance with the agreed to contract. All that will do is encourage others to do the ame
Point to the clause in the CoC or any other contract with United that provides them with an unlimited right to remove you from a flight. You won't find one.
deeruck is offline  
Old Apr 11, 2017, 11:41 am
  #2993  
 
Join Date: Jun 2014
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Originally Posted by minnyfly
I can't believe you want to empower and legalize extortion. Unbelievable.
I don't think extortion means what you think it means.
muishkin is offline  
Old Apr 11, 2017, 11:41 am
  #2994  
 
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Imagine a future UA flight where they need to "IDB" someone already boarded...

"We are seeking 4 'volunteers' to accept our generous compensation of 6 drink chits and rebooking on a new flight that will get you to you destination next week. Uh, and don't forget we will call the police if we don't get 4 volunteers..."
stephem is offline  
Old Apr 11, 2017, 11:41 am
  #2995  
 
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Originally Posted by eng3
UA is the one who is exercising their contractual right to remove him from the plane. They are under no obligation to reward a passenger for non-compliance with the agreed to contract. All that will do is encourage others to do the same

As for excessive force, that's for the courts to decide. It looked like they were just trying to pull him out of his seat and he PHYSICALLY resisted causing his own injuries. Then seeing he lost the battle decided to lay down and get dragged out only to break free and run back aboard.
Now United will pay a much higher price -- millions.
moreofless is offline  
Old Apr 11, 2017, 11:42 am
  #2996  
 
Join Date: Sep 2008
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Originally Posted by NFH
Not true. United could have made an increased cash offer instead of resorting to violence by proxy. Violence is an unreasonable way to deal with a passenger who is reasonably exercising his contractual right.
you are wrong. united didnt make any single cash offer. it was all funny united vouchers that united knows it has a huge leakage.
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Old Apr 11, 2017, 11:43 am
  #2997  
 
Join Date: Apr 2017
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Originally Posted by minnyfly
Being seated on the plane is not officially being boarded. End of story.



One again, prove where UA broke WRITTEN rules. Answer my questions as to how your definition is practical or implied by WRITTEN rules. Stop your misinformation campaign.
I am going to take this opportunity to apologize for being somewhat flippant in some of my prior responses. Believe it or not, I truly am interested in getting to the bottom of our disagreement. As such, I am recommitting to participating in a good faith, earnest exchange of ideas. With that in mind, I hope we can identify exactly what we agree upon and where our opinions begin to diverge.

1. Do you agree that a passenger has "boarded" a plane, pursuant to the common, ordinary meaning of that term, when he or she has taken her assigned seat on a plane? I'm not asking whether you think the common, ordinary meaning of "boarding" should be applied to that word as used in the CoC. My question is limited to the general usage of the phrases "boarding" and "borded."

2. Irrespective of whether the passenger at issue had "boarded" the plane, do you think a passenger who has already "boarded" a plane, using your preferred definition of that phrase, can be "denied boarding" after the fact due to a flight being oversold pursuant to United's CoC?

3. Do you agree that the default rule for determining the meaning of provisions in contracts is they are given their commonly understood meaning by ordinary people of average intelligence?

4. If your answer to No. 3 is yes, do you agree that rule should be applied to United's CoC?

5. If your answer to No. 4 is no, why not?

Last edited by Summa Cum Laude Touro Law Center; Apr 11, 2017 at 11:52 am
Summa Cum Laude Touro Law Center is offline  
Old Apr 11, 2017, 11:44 am
  #2998  
 
Join Date: Sep 2008
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Originally Posted by tcswede
Without reading the complete thread:
Why did UA need to percistant about removing exactly this pax after he explained that he was a doctor and had appointments nexrpt morning, rather than trying to ask anybody else ?
Why did not UA get a limo / bus for their staff if they needed to be in Louisville next day - about 300 miles - should not be more than 5 hours ?
it is obvious. the cost of his ticket is the lowest and cheapest to IDB
pbd456 is offline  
Old Apr 11, 2017, 11:44 am
  #2999  
NFH
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Originally Posted by pbd456
you are wrong. united didnt make any single cash offer. it was all funny united vouchers that united knows it has a huge leakage.
I'm not wrong. My point is not about the nature of the previous failed offers but what the new offer should have been - an increased amount and cash.
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Old Apr 11, 2017, 11:44 am
  #3000  
 
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Originally Posted by trouble747
And you honestly think you know enough about the situation to disregard the Authority's statement that the officer was not following SOP?
I know enough by knowing that whoever LEOs are forced to resort to physical means to gain compliance, unintended injuries can occur. From the video, that is what occurred. My guess is that admin didn't like the optics of the catatonic perp being dragged through the plane, however that was probably the right call given the increased probability of injury to the perp and other passengers if an attempt was made to stand him up and cuff him and walk him down aisle.
747FC is offline  


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