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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 12, 2017, 10:53 am
  #4186  
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Originally Posted by richarddd
The cop lost his job? Did I miss an episode? The most recent thing I saw was
If my counsel was Golan, this UA henchman will be on the employment termination hitlist as a condition of the settlement.
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Old Apr 12, 2017, 10:53 am
  #4187  
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Originally Posted by tom911
Can you point to a news source reporting the police officer has lost his job? Good Morning America reported he is on paid administrative leave this morning.
Exactly, he's lost his job (beating up passengers). The airport police made it clear when then announced his "leave" that beating up passengers is not part of his job.
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Old Apr 12, 2017, 10:54 am
  #4188  
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A couple of my favorites du jour

http://www.facebook.com/kirstieganna...1301890711337/

I like this one especially - now we all need to learn these moves to protect ourselves from thug cops, or as the case with this incident, thug airport security contractors with no real police powers who should be dropped on their heads.

http://www.facebook.com/daebbuing/vi...65051870268460

This video touches on the main fuel driving this fire.

Needless to say, this isn't going anywhere fast. Oscar really needs Putin or Kim Jung Un to step up and do something bold.
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Old Apr 12, 2017, 10:54 am
  #4189  
 
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Originally Posted by mike_la_jolla
I've been lurking since the beginning here. I've been fascinated by the futile attempts to justify UA actions. There are a lot of people in the anonymous world of the Internet that lack common sense and/or basic decency. It is simply impossible, given the established facts, to justify what happened.

This was the first question that popped into my head: "What would Herb have done?" My FF points are all Star Alliance (SG) and WN, so I occasionally have to fly UA. Nobody here, and mean nobody, would be surprised to hear that I grind my teeth and cuss when I see 'UA' on the itinerary.
+1 I haven't been on this forum in forever, just lurking myself, but that's because I haven't flown UA lately. I used to grit my teeth when I saw "operated by Republic Airlines" on my itinerary. Then I started canceling flights when I saw it. Then I stopped flying UA altogether. Now I'm looking at my old FF account after years as a 1K, wonder what I'm going to do with my spare 100K miles since I really don't want to fly on them again unless I can go somewhere on UA mainline.
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Old Apr 12, 2017, 10:56 am
  #4190  
 
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Originally Posted by STS-134
I don't believe the government sets a ceiling on IDB/VDB compensation, it only sets a floor. This problem was caused by idiots in management.
DOT sets a floor for IDB. So airlines only need to meet that floor for IDB compensation and have no incentive to go higher for IDB. That in turn effectively creates a ceiling for VDB - why bother giving out VDB offers if VDB offers are exceeding the IDB cost (at the IDB floor)?
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Old Apr 12, 2017, 10:57 am
  #4191  
 
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Originally Posted by SeaHawg
If United considers that belligerent behavior, then I should have been handcuffed and dragged from the gate several times.

This may be the most damming video of all, and it completely validates why the passengers were frustrated and yelling at the LEOs.

Furthermore, if it is established that the Dr. Dao who was smeared publicly is a different person than the pax in question. Whoa boy, that settlement just had another digit tacked onto it.

Something tells me that David Dao is a common Vietnamese name akin to John Smith over here...
Actually, its possible (I'm not a lawyer) that Dr Dao has a cause of action against UA even if his past was completely reported correctly. If any UA representative or agent tried to bring up unrelated issues about a private, non-famous person, that could be an issue. He's not a public person and he committed no crime in this matter.
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Old Apr 12, 2017, 10:58 am
  #4192  
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Originally Posted by Rdenney
Legal principle: You cannot contract away your liability for negligence.
Ever see the phrase "No bailment is created" on a parking garage chit?

That means if your car is broken into or vandalized, etc. whilst in the garage, the owner / operator disclaims liability and you're OK with it.
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Old Apr 12, 2017, 10:59 am
  #4193  
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Originally Posted by deskover54
The point in question was overbooking. When did that change? I believe it was deregulation. So I'd argue prices are cheaper today partly because of overbooking.

Overbooking is no different today than 5 years ago. So there is no correlation apparent between higher prices today versus 5 years ago and overbooking.

so the bottom line is - please please please continue to overbook.
No, there's a big difference: big data.

Airlines can predict extremely well how many passengers will show up for each flight. They're able to fine tune the process so that VDBs and IDBs are increasingly rare. However, there could be an argument that UA doesn't do this as well as some of its competitions.
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Old Apr 12, 2017, 10:59 am
  #4194  
 
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Admin: Would it be possible to add links of all known videos of the incident?

https://www.liveleak.com/view?i=655_1492004707

This one is of Dr. Dao taken from the passenger in the aisle seat of the row behind him when the two cops were on board.
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Old Apr 12, 2017, 11:01 am
  #4195  
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Originally Posted by qisu
DOT sets a floor for IDB. So airlines only need to meet that floor for IDB compensation and have no incentive to go higher for IDB. That in turn effectively creates a ceiling for VDB - why bother giving out VDB offers if VDB offers are exceeding the IDB cost (at the IDB floor)?
IDB comp is 4x the fare paid, up to a max of $1350. So with the proliferation of cheap fares the VDB comp will in many instances exceed what the airline would have to pay for an IDB. For example, if the pax is on a $75 fare, the IDB comp would only be $300.

A responsible airline should be willing to pay a premium over IDB comp in order to avoid having to IDB a paying customer. Though obviously that logic has to a certain degree escaped UA up until now.
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Old Apr 12, 2017, 11:01 am
  #4196  
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Originally Posted by sonofzeus
Those Cook County based hospitals let big money plaintiffs stay until their big money attorneys say max leverage has been achieved. 9-)
Ah, I was thinking more along the lines of Dao going on every news & morning show - aka, 'milking it' which he's not done (yet), vs potentially being in the hospital for a couple of days.

Cheers.
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Old Apr 12, 2017, 11:03 am
  #4197  
 
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Originally Posted by qisu
DOT sets a floor for IDB. So airlines only need to meet that floor for IDB compensation and have no incentive to go higher for IDB. That in turn effectively creates a ceiling for VDB - why bother giving out VDB offers if VDB offers are exceeding the IDB cost (at the IDB floor)?
Because, technically, if you know the rules and how to work them you can get the IDB maximum in cash. The VDB voucher they supply you is at the retail cost of the ticket, which even if it is above the $1350 IDB payout, is still cheaper to them than paying actual cash.
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Old Apr 12, 2017, 11:03 am
  #4198  
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Originally Posted by BearX220
Ever see the phrase "No bailment is created" on a parking garage chit?

That means if your car is broken into or vandalized, etc. whilst in the garage, the owner / operator disclaims liability and you're OK with it.
But whether the owner/operator might still be liable requires a much more nuanced analysis.
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Old Apr 12, 2017, 11:04 am
  #4199  
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Guy who filmed the incident: "I don't blame the security officers at all."

http://www.washingtonexaminer.com/ma...rticle/2619950
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Old Apr 12, 2017, 11:06 am
  #4200  
 
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Originally Posted by Kacee
A responsible airline should be willing to pay a premium over IDB comp in order to avoid having to IDB a paying customer. Though obviously that logic has to a certain degree escaped UA up until now.
Sadly the corporate bean counters won out and surely didn't consider the human impact of IDB over VDB.
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