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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, 9:07 pm
  #3676  
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Originally Posted by looktowindward
They are also required to provide, in writing, his IDB rights. By not providing this, they violated the law - technically, he was not IDB-ed - just tossed.

Now, you can say, he really was already boarded, not IDB-ed. I tend to agree with that. But as United didn't bother to carry out the legally mandated IDB procedure, its pretty clear they didnt believe it either.
AFAIK, if the airline tried to split hairs and claim it wasn't an IDB because he had already boarded, that will fly as well as a lead pig with wings.

It was going to be an IDB if they didn't get volunteers, regardless of whether someone had already boarded or not. The GA or anyone else at UA claiming otherwise made things worse.
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Old Apr 11, 2017, 9:09 pm
  #3677  
 
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Boycott United ? Really ?

I am having a hard time imagining how this situation would have lead to a different outcome on any of the other major US carriers. Not as long as the same person would have been dispatched to remove the passenger.

The key question here is why officers revert to attacking the human dignity of their fellow citizens. The answer is "because they can" and the root cause is a government that tolerates and sometimes even promotes violence. The same root cause for government officials shooting unarmed people from behind. A hundred years ago this would have yielded death by hanging, today it gets you administrative duty with full compensation and benefits.

Knowing that any contact with armed government officials can be lethal the Pilot in Command of this plane who is accountable for the safety of all passengers should have been personally present during this situation. He was not and should be held liable for the consequences.
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Old Apr 11, 2017, 9:09 pm
  #3678  
 
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Prediction: he's going to get more money from the City of Chicago than from united. Demetrio is known for that...
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Old Apr 11, 2017, 9:10 pm
  #3679  
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I'm not unreasonable about this sort of thing. I had one IDB on UA and they handled it well. But it was an equipment downgrade, not poor planning. And I'm sure it helped that I was a 1K at the time. I was in upgraded first on a two cabin non-stop and they put me in first to ORD then in first rather than business on the 3 cabin connecting flight rather than being on a non-stop and they didn't pull any upgrades and gave me a $300 or $400 voucher. They had offered me a round trip anywhere in the US but I asked for the voucher so I could get miles with it. And I was only delayed like 2 hours as I recall. But this wasn't an equipment change and it was an overnight delay.
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Old Apr 11, 2017, 9:13 pm
  #3680  
 
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Originally Posted by Terence.Hill
Boycott United ? Really ?

I am having a hard time imagining how this situation would have lead to a different outcome on any of the other major US carriers. Not as long as the same person would have been dispatched to remove the passenger.

The key question here is why officers revert to attacking the human dignity of their fellow citizens. The answer is "because they can" and the root cause is a government that tolerates and sometimes even promotes violence. The same root cause for government officials shooting unarmed people from behind. A hundred years ago this would have yielded death by hanging, today it gets you administrative duty with full compensation and benefits.

Knowing that any contact with armed government officials can be lethal the Pilot in Command of this plane who is accountable for the safety of all passengers should have been personally present during this situation. He was not and should be held liable for the consequences.
I'm also having a hard time imagining that other carriers would have a similarly tone-deaf response. Not that other U.S. carriers are great, but...

"re-accommodating"
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Old Apr 11, 2017, 9:13 pm
  #3681  
 
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Originally Posted by minnyfly
No, he forced the physical response by continuously disobeying lawful orders to leave. What you describe as an "option" is extortion.
United forced the situation when they ceased to increase the compensation offer. They might have legal standing, but public opinion and videotape carry much more authority nowadays.
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Old Apr 11, 2017, 9:14 pm
  #3682  
 
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Originally Posted by exerda
And yes, the pax is also partly at fault; when told by the crew and cops to get off, telling them they're going to have to drag you off is not a good idea. He's lucky it didn't get him arrested. I'm sorry; when the cops come on and tell you go get off, get off. Deal with the problem after that--take it to social media, the press, etc. Don't physically resist the cops. Sheesh. Dumb idea!
I guess some people see injustice and just accept it. Others see injustice and want to fight it. The former will live a comfortable life. The later will accept living a less comfortable life for a better life for others in the future. Not trying to make this guy into a hero, but sometimes people have to just stand up and say "I am mad as hell and not going to take it any more!".
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Old Apr 11, 2017, 9:15 pm
  #3683  
 
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Originally Posted by George Purcell
Are you kidding me? Domestic fares now are MUCH higher than they were 10 or 15 years ago in inflation adjusted dollars. Oligopoly pricing and dramatic capacity reductions have led to a huge spike in airfares.
Hmmm, that's interesting. I wonder why this says the opposite?
The Atlantic article
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Old Apr 11, 2017, 9:15 pm
  #3684  
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Originally Posted by Ron Mexico
Wow, just read Oscar Munoz's letter to his employees. Confirms the issue is an organization-wide issue vs. individual execution. The airline refuses to consider anything other than their rules and policies. Glad to see the punishment this morning on Wall Street.

I understand sticking up for your people, but victim blaming as a CEO? But, calling him combative and belligerent yet none of the half a dozen videos showing this.

I cannot believe United's leadership hasn't thoroughly examined, what if I was in this position. I felt absolutely necessary that I needed to get to my destination tonight and not the next day, and I was not properly compensated for my inconvenience.

We'll see how many consumers vote with their pocketbooks -- ignoring possible lower fares or shorter fight times to teach this organization a lesson.
I wonder whether it didn't occur to Oscar that the email to employees was going to become public.
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Old Apr 11, 2017, 9:15 pm
  #3685  
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Originally Posted by mre5765
When a CEO tries this hard, it looks like desperation. He can no longer be permitted to lead when he zig zags his strategy every few hours.



I've see this before. I doubt the BOD will give him a vote of confidence after callously destroying $1B in investor value today (the BOD doesn't care about the customers of course). I'm guessing Oscar's lawyer and the UA's chief counsel are negotiating the package as we type. After his resignation is announced, there will be the cliche plaudits from the BOD thanking Oscar for his contributions.

A pax could have been killed on Sunday, and we would be looking at $5B or more in loss of investor value.
If Munoz was this passenger on the flight, he may have had a heart attack and died indeed due to the circumstances. UA's lucky they haven't had a video of a passenger dying due to a forced removal for the convenience of the airline.
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Old Apr 11, 2017, 9:15 pm
  #3686  
 
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This could have been avoided if gate agents were empowered to offer unlimited compensation. United takes in over 10 billion dollars a year in revenue. Paying out more in compensation would not have an impact. While I would never refuse to get off a plane non of this would have happened if somebody got on the PA and offered free unrestricted first class tickets anywhere in the world. It would have been a bargain; while we all know what the COC says , I would say about a billion people who saw the video aren't thinking about that: what they see is a senior citizen who paid for a ticket, wasn't bothering anybody, did not want to give up his seat and in return the gate agent called security and had him beaten up and then dragged along the floor like an animal. Anybody who thinks United will win the P.R. war needs a reality check. The passenger may have been wrong but that's not the perception of the average person.
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Old Apr 11, 2017, 9:16 pm
  #3687  
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Originally Posted by onthesam
Prediction: he's going to get more money from the City of Chicago than from united. Demetrio is known for that...
Indeed! Although UA is getting the bigger black eye at this point...


Originally Posted by GadgetFreak
I'm not unreasonable about this sort of thing. I had one IDB on UA and they handled it well. But it was an equipment downgrade, not poor planning. And I'm sure it helped that I was a 1K at the time. I was in upgraded first on a two cabin non-stop and they put me in first to ORD then in first rather than business on the 3 cabin connecting flight rather than being on a non-stop and they didn't pull any upgrades and gave me a $300 or $400 voucher. They had offered me a round trip anywhere in the US but I asked for the voucher so I could get miles with it. And I was only delayed like 2 hours as I recall. But this wasn't an equipment change and it was an overnight delay.
Yes; I have had similar experiences. It all depends on the GA.

I once turned down a VDB for an overnight which included (1) no hotel; (2) no meals; and (3) $250 in comp. Seriously, why did UA even think that was worth offering? They weren't getting many takers.

I was onboard not long after that, so I don't know what they upped to. I did tell the pax ahead of me who was thinking of accepting to request $600 minimum. We left without anyone being dragged bleeding from the a/c, so someone ultimately bit or was IDBd before boarding.

I got stuck with the choice of an IDB or $600 + redeye in Y once on a transcon. Wasn't pleasant, but I took the redeye; I supposed I could have held out until the next day for F, but F that night was full. Fellow pax was not pleased, and when I walked off, was still screaming at the GAs.
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Old Apr 11, 2017, 9:18 pm
  #3688  
 
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Originally Posted by stevendorechester
This could have been avoided if gate agents were empowered to offer unlimited compensation.
Or...a crazy idea like supervisors they can call with more authority!
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Old Apr 11, 2017, 9:18 pm
  #3689  
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Originally Posted by PrivatePilot
Just saw in the news that the flight wasn't even overbooked. So the whole IDB argument goes out the window. United is so screwed on this one:
Yeah that could be a problem.
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Old Apr 11, 2017, 9:18 pm
  #3690  
 
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Originally Posted by DrPSB
Munoz, the CEO, disingenuously stated he had been offered "$1000 compensation" which I believe was a hotel room the man did not want to be in and a voucher with United he didn't want either. There has been mention in these discussions on a cap for reimbursement but I am unclear if this cap is what is legally required as a maximum or if the airline can go higher if they so choose. It's unclear to me what the rules say about what the minimum reimbursement is, can the passenger be told they are getting twenty dollars in coupons for Chuckie Cheese and a hotel room plus rebooking, or are they mandated to give the four times fare as a minimum. The rules seem to say he should have been given a written notice that outlines his rights. The lack of clarity here was being played with by United to try and give out a $400 voucher which didn't work, nor did the $800 offer. And since the police are willing to act as enforcers instead of standing aside in a civil conflict and allow the airline and passengers to resolve the situation, United is glad to leverage the police to lowball passengers.
There are no Federal rules regarding VDB compensation, other than it has to be offered at some level before they can IDB. USDOT (not FAA, which is not responsible for consumer protections) last regulated denied boarding in 2011, in which they set revised parameters for IDB. At that point IDB was set at the lesser of $650/$1,300 or 200%/400% of the one-way fare. The passenger should get the lower or higher value depending on the length of the ultimate delay in arrival. I don't exactly recall, but I think 2 hours or less delay gets the lower step and more delay gets the higher step. The airline also has to refund any ancillary fees and inform the passenger in writing of their rights, including the right to get the compensation in cash/check. The airline is still responsible for transporting the passenger on a flight to their destination. They can propose alternative modes of transport, but the customer can say no without waiving their compensation and other rights. The regulation also set a standard for increasing the compensation every two years with CPI, so I am not sure what the actual values are today, but they should be higher than 650/1,300.

The notice of proposed rulemaking for the 2011 passenger protections rule has a nice history of oversales regulation, if you are particularly interested. In summary, it was first allowed in the 1960s when the industry was still regulated under the CAB. The CAB required a two-step process of seeking volunteers first prior to IDBs and a minimum compensation level. This framework is still place today. In 1978 the USDOT upped the compensation and then in 2008 it was adjusted again to the lesser of 200/400 of 100%/200% of the one-way fare depending on length of delay. The 2011 rule considered several options, including no cap on the max - just fixing it as a proportion of the one-way fare. The 2011 rule also established that holders of "zero-fare" tickets - frequent flyer mile tickets, voucher tickets, and air fare consolidator tickets are also entitled to compensation.
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