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

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.

Its never too late to do the right thing. I have committed to our customers and our employees that we are going to fix whats 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. Well 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.

Thats 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 dont go the way they should, we need to be there for you to make things right. There are several new ways were 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 youve 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}

Old Apr 11, 2017, 11:44 am
  #3001  
 
Join Date: Apr 2011
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Originally Posted by NFH
What do you mean by "officially"? I think you'll find that once a passenger's boarding pass is scanned at the gate, the system records that they've boarded. Certainly by the time the passenger is seated on the aircraft, they have boarded, whether you mean officially or unofficially or any other definition.
I mean just that--officially. When the flight is closed, the passenger manifest is final, the door is closed, and everyone is officially boarded. Scanning your ticket is not when you've boarded a flight. And even after the door is closed you may be bumped for many reasons, such as a mechanical issue leading to a plane change, weight and balance issue, safety issue, etc. Your personal belief of what boarded means would create passenger rights that don't exist, break other laws, and are impractical.
minnyfly is offline  
Old Apr 11, 2017, 11:45 am
  #3002  
 
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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.
You're wrong. No where in the Contract of Carriage does United define the exact meaning of 'boarding' or 'boarded'. Any ambiguity in a contract can be used against the drafter; that's just basic legal principle when it comes to contract law.

The passenger's attorneys will make the case that the commonly accepted definition of boarding is that of having one's BP scanned and entering the plane, not technical definition of the airline's of delivering a pax manifest and closing the door. If I was a betting man, I would bet heavily that a jury would side with the pax on this one, not the airline.

You better believe every airline out there will now update their CoC to include a specific definition of what boarding means.
bioyuki is offline  
Old Apr 11, 2017, 11:46 am
  #3003  
 
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did the captain remove his due to what? captain is doing the bidding of the agent or doingit for the safety of the aircraft?

gate agent is not crew of the aircraft.
pbd456 is offline  
Old Apr 11, 2017, 11:46 am
  #3004  
 
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It's interesting to me that big corporations like UA want free markets, but not when those markets work to the benefit of the consumer (as the market would have here had they escalated the offer for VDB).
stinky123 is offline  
Old Apr 11, 2017, 11:46 am
  #3005  
 
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Originally Posted by newaliases
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."
This is pretty good.... I'm definitely curious how the information about the felony convictions changes the long term narrative.
austin_modern is offline  
Old Apr 11, 2017, 11:47 am
  #3006  
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Originally Posted by minnyfly
I can't believe you want to empower and legalize extortion. Unbelievable.
It isn't "extortion", it's a free market. If UA can charge me more for buying at the last minute, why shouldn't they be expected to pay more for buying back a ticket at the VERY last minute. And market value is what is called for here, that is what will it take to get someone to take the offer.

I'm going to write to my US Senator and ask her to introduce legislations to greatly minimize conditions in which airlines can IBD. Write now they know they don't have to pay market value to get people off the flight because they can always kick people off the flight involuntarily. And have the police do their dirty work if need be. They shouldn't be allowed to use cops in non-safety situations, which this almost certainly was. And they will continue doing it as long as they can.
GadgetFreak is online now  
Old Apr 11, 2017, 11:48 am
  #3007  
 
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Originally Posted by NFH
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.
the offer is not just vouchers, it is about about providing reasonable alternative transportation.

given the flight is 5pm on sunday, there isnt any flight UA can put them on until 3pm on monday? There are even flights in the evening.

If UA can IDB for crew, it surely could oversold the evening flight on sunday, morning flight, noon flights on monday, or put them on AA in which it has an interline agreement. UA just doesnt care bcause it is cheap
pbd456 is offline  
Old Apr 11, 2017, 11:49 am
  #3008  
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Originally Posted by eng3
UA is the one who is exercising their contractual right to remove him from the plane.
Where is this contractual right stated? Please quote the relevant term in United's conditions of carriage. IDB terms don't apply, because he had already boarded. This was about removal, not boarding.
NFH is offline  
Old Apr 11, 2017, 11:49 am
  #3009  
 
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Wow... United is now smearing this guy in the media.

What's wrong with you people?
patrick.barnes is offline  
Old Apr 11, 2017, 11:49 am
  #3010  
 
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Originally Posted by austin_modern
This is pretty good.... I'm definitely curious how the information about the felony convictions changes the long term narrative.
new united policy: we scan your criminal background prior to boarding for priorization in case of irrops
deniah is offline  
Old Apr 11, 2017, 11:49 am
  #3011  
 
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Originally Posted by kop84
LEO's exist for public safety. Not fixing a UA customer service issue. This is a civil matter and not a criminal matter.

UA can hide behind the contract of carriage and "not following crew member instructions" But it's flimsy at best.

What happens if the crew member decides that every needs to drop and give them 50 pushups? Can the crew order you to punch your spouse? They don't get unlimited authority just because you're sitting on an airplane. So that argument is hog-wash, it had nothing to do with the security of the flight and everything to do with fixing UA's mistake.

So if you eliminate the Flight crew's following order's authority, then there is no authority to call the police, and no lawful order that can be given to the person.

Just because someone wears a badge does not give them unlimited authority.
I think you are misunderstanding the point.

being requested by an LEO to get off of an aircraft is a lawful order. asking everyone to do 50 pushups is not.

If SOP is, request identified IDB pax to deplane verbally, and if response does not illicit wanted behaviour, and the next thing to do in said SOP is to call LEO to perform same task under trespass statutes (or some other LEGALLY identified rule), and LEO follows their own SOP, which most likely occurs in this order: verbal request, verbal assertion, verbal command, use of force, then this is a pretty standard scenario.

My reading of the situation seems to be somewhere in between, as it seems that the LEO involved in the extraction of the pax is on leave - so your particular argument about ultimate power doesnt really apply here, as they could have just pulled the pax off themselves if they felt like they had that kind of power.
works2r is offline  
Old Apr 11, 2017, 11:50 am
  #3012  
 
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Originally Posted by austin_modern
This is pretty good.... I'm definitely curious how the information about the felony convictions changes the long term narrative.
What is does for me is to convince me that the UA employees dumping the guy's personal information out there on the internet are even more disgusting and morally compromised than I could have imagined.
stinky123 is offline  
Old Apr 11, 2017, 11:50 am
  #3013  
 
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I am sure he can buy ship 623 with the compensation.
avcritic is offline  
Old Apr 11, 2017, 11:50 am
  #3014  
 
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Originally Posted by stinky123
It's interesting to me that big corporations like UA want free markets, but not when those markets work to the benefit of the consumer (as the market would have here had they escalated the offer for VDB).
Privatizing Profits And Socializing Losses
planeluvr is offline  
Old Apr 11, 2017, 11:51 am
  #3015  
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Let's say that United is within its legal rights to deplane anyone they want - which due to archaic anti-consumer laws that hark back to the middle of the last century and current spineless lawmakers actually means, for this industry only, that such laws still hold sway.

Does that matter? United has replaced Pepsi as the internets whipping-boy and tanked its shares, compounded by one of the most inept reactions from a chief exec which is virtually certain to end up in a future "worst business blunders" book.

Sometimes being legally right just isn't enough, especially when you're in the legal right because inept lawmakers don't have the courage to legislate your greedy-don't-give-a-toss-for-the-customer ... into the 21st century.

Legally right, morally wrong, ethically bankrupt. That's today's United Airlines.
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