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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 13, 2017, 9:22 am
  #4666  
 
Join Date: Apr 2014
Programs: United Plat and falling
Posts: 100
Originally Posted by George Purcell
The problem with this analysis is that you are assuming supply of flights is static. I don't think that is right. If airlines cannot overbook--and in particular if restrictions are placed on their ability to sell options to transport employees as seats on airplanes, than the likely response is an increase in overall supply as more routes are flown. Overbooking is one tool they use to artificially limit the supply of seats in the market.
I'm not sure what I think about your point. What we do know is that the airlines eventually accommodate all the ticket holders that show up to fly, more or less. So they have the capacity to carry them, just not to weather the peaks and valleys of time-bound demand. Which would lead me to think they would not need to add capacity. On the other hand, you are surely right that overbooking allows airlines to have fewer seat-journeys than they sell. I don't see how banning oversales results in more routes, but I guess you are probably right that airlines might add some capacity in high-demand routes. And also to take a hard line on stand-bys. This might mitigate some of the consumer accommodation loss of a ban, but it would also not mitigate and might worsen the ticket price loss and might cause other consumer loss due to a more stringent stand-by policy.
fischi is offline  
Old Apr 13, 2017, 9:23 am
  #4667  
 
Join Date: Aug 2014
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Nothing in the training of the airport officers included using force in this type of situation.
George Purcell is offline  
Old Apr 13, 2017, 9:25 am
  #4668  
 
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Location: CLT
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Yeah, United needs to overbook because the connecting passengers will not be on that flight.
planeluvr is offline  
Old Apr 13, 2017, 9:26 am
  #4669  
 
Join Date: Jul 2005
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Posts: 3,912
Originally Posted by George Purcell
Broken nose, two teeth out, concussion.

And Munoz called it a "bloody nose."
AND DENIES United has reached out to Dao or his family or lawyers -- DIRECTLY CONTRADICTS MUNO
hazelrah is offline  
Old Apr 13, 2017, 9:26 am
  #4670  
 
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Originally Posted by halls120
Even undercover cops put on windbreakers that say "FBI" or "Police" if they expect to interact with the public in an enforcement capacity. Sending poorly outfitted officers on board an airplane was stupid.
agreed. having officers in street clothes in an environment like an airport (where you have international pax, people who are unfamiliar with what a star on a baseball cap may mean), unless on some sort of undercover assignment, is stupid. even if they're in BDUs, that's better than jeans.

particularly in this day of social media video. if they had POLICE windbreakers on, the heat on UA would have been reduced substantially. the entire event may have been framed as one of police brutality instead of a UA issue.
riphamilton is offline  
Old Apr 13, 2017, 9:27 am
  #4671  
 
Join Date: Apr 2014
Programs: United Plat and falling
Posts: 100
Originally Posted by pinniped
Overbooking is NOT the monster. Overbooking is beneficial for all three of the primary stakeholders involved: leisure travelers (far advance purchase, low fare), business travelers (buying the specific tickets likely to push a flight into oversell status), and the airline trying to fill all of their seats.

If they can't oversell, then the whole revenue model changes. Higher fares on the lowest end, and more frustrated business travelers who can't book the flights they want on short notice. And planes that go out with empty seats, even though willing buyers would have filled them.

The real monster, beyond United's toxic corporate culture, is that the current costs of IDB are trivial, and thus the efforts made to VDB are often trivial - as they were in Chicago on Sunday night. It took an incredible case of unnecessary police brutality caught on film to even get us to have this conversation. Hopefully the conversation will lead to some meaningful rights for passengers, including some significant IDB compensation as part of that, but I hope it does not lead to an end to overbooking.
Very well (and succinctly) put. At the time of the last IDB regulation (2011) one of the alternatives considered to the current IDB compensation scheme was to have no max IDB limit - just to fix it at the 200%/400% of the one-way ticket price. This alternative was, not surprisingly, opposed by the players one would expect to oppose it. It would be great if passenger protections could be revisited - and actually a new passenger protections reg not impacting DBC was just put in place in 2016 - but I just don't see it in the current anti-regulation administration. Hope to be proven wrong.
fischi is offline  
Old Apr 13, 2017, 9:28 am
  #4672  
 
Join Date: Apr 2014
Posts: 107
Has anyone looked into the background of the office (thug) on the aircraft. Has he had complaints filed against him?
Flyer1M is offline  
Old Apr 13, 2017, 9:28 am
  #4673  
 
Join Date: Aug 2014
Posts: 143
Originally Posted by hazelrah
AND DENIES United has reached out to Dao or his family or lawyers -- DIRECTLY CONTRADICTS MUNO
What that means is that even after they face planted him and gave him serious, visible injuries they didn't even have EMS to treat him in the terminal!
George Purcell is offline  
Old Apr 13, 2017, 9:29 am
  #4674  
 
Join Date: Mar 2005
Location: Austin, TX
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Posts: 1,625
Originally Posted by George Purcell
Unless the fundamental plaintiff demand is non-monetary.
Right now I think Dr. Dao is thinking that 'they dragged me physically from the plane and they dragged my history through the Internet. Now I'm going to drag them through the mud for...as...long...as...possible'. Try as they might, this isn't going away soon for UA.
Catbert10 is offline  
Old Apr 13, 2017, 9:30 am
  #4675  
 
Join Date: Feb 2000
Location: Menlo Park, CA, USA
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Posts: 6,912
Im sure this guy is going to receive 1$ million, or more.. probably below 5M, but I wouldn't put 1.5-2 out of the question.

How much did it cost UA to refund everyones ticket price? Maybe 75K

Last edited by nmenaker; Apr 13, 2017 at 9:51 am
nmenaker is offline  
Old Apr 13, 2017, 9:31 am
  #4676  
 
Join Date: Sep 2015
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Posts: 135
Originally Posted by Boggie Dog
I fully agree but how hard is it to get a windbreaker that says Police or some such? Bet I can buy any number of them.
My understanding--subject to further education from those who know--is that arrests/apprehensions are made using uniformed officers in all cases, unless there is an immediate danger to life or property.

The windbreakers are there in case the situation becomes chaotic, so that the good guys don't mistake other good guys for bad guys. But the person making the arrest is in uniform.

FBI is different--they don't have uniforms. They rely on identification badges. But usually when they make an arrest, they use the local police to present the uniform.

The point is that these guys didn't look like professionals, and didn't act like professionals.
Rdenney is offline  
Old Apr 13, 2017, 9:31 am
  #4677  
 
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Live now...

BRAISKI is offline  
Old Apr 13, 2017, 9:32 am
  #4678  
 
Join Date: Sep 2001
Location: CLT
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Posts: 6,550
Originally Posted by halls120
Even undercover cops put on windbreakers that say "FBI" or "Police" if they expect to interact with the public in an enforcement capacity. Sending poorly outfitted officers on board an airplane was stupid.
Undercover cops never put on windbreakers to identify themselves as "FBI" or "Police". Defeats the purpose. Plain Clothes would put on the windbreakers or vests.
planeluvr is offline  
Old Apr 13, 2017, 9:33 am
  #4679  
 
Join Date: Sep 2015
Location: Nawthun Virginia
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Posts: 135
Originally Posted by George Purcell
What that means is that even after they face planted him and gave him serious, visible injuries they didn't even have EMS to treat him in the terminal!
That certainly seems to be the case. I would have thought they would have insisted on it just to protect themselves.
Rdenney is offline  
Old Apr 13, 2017, 9:35 am
  #4680  
 
Join Date: Dec 2011
Programs: UA 1K, Marriott Plat, Avis First, Hertz PC
Posts: 575
Originally Posted by net222
He paid fare for that flight/seat. United didn't own it anymore.
I've heard this a lot recently. Can you explain your rationale a bit? I disagree with the premise, entering into a service contract does not typically transfer an ownership stake.

In my experience, most consumer service contracts, even if litigated, will not result in compensation that exceed the time/money to litigate, so the contract is mostly worthless paper. It is the business' reputation that backs the contract, nothing more.
johnden is offline  


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