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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, 9:35 am
  #4681  
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Originally Posted by transportbiz
Amusing to watch this discussion devolved into a debate of market advantages or disadvantages of over-booking.

This inexcusable situation has no defense, there is little point to debate the what-ifs, and the armchair CEO'ing is a bunch of false posturing.

The Chicago PD, took immediate action on their part, there was no hand-wringing of what to do, or what to say. It was decisive, fast response the officer in charge was put on leave, pending an investigation. Period.

Good leadership is demonstrated by the making the right decision in the moment of the worst situations. That's the responsibility of leadership, and the reason the rewards of leadership are disproportionately high. The leadership at United continues to be weak. Smisek was corrupt, and Munoz demonstrated a disconnect with the customer that is alarming for the CEO of a company claiming to be a consumer focused business.

Debating the legal history of the victim, the actions of the other customers, IDB or VDB policies, and so on are mere distractions to the core issue. A situation arose, because of a culture that rewards enforcement of policy over logical decision making front line empowerment to resolve a situation with the least amount of turmoil. The solution here was so simple, and yet it wasn't even considered by the gate agent running this flight. Increase the compensation for VDB until you get the number of people you need to volunteer. Does that mean United is being held hostage? Not at all, it's a business decision, you have 4 people you need to get to Louisville, how much are you willing to pay to get them there? It's simple economics. For all the rah-rah boosting of the free market and deregulation attitude currently sweeping our culture and this industry in particular, why is this so difficult to understand? Ah, of course it's the have your cake and being able to eat it too.
Just a point of clarification.

It wasn't Chicago PD. The City of Chicago has a Department of Aviation with a security branch. That's who these "cops" worked for. They appear to be sworn LEO's but have limited arrest authority and do not carry firearms. Sound like for good reason.
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Old Apr 13, 2017, 9:36 am
  #4682  
 
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Interesting that the lawyer brings a comparison to Planes, Trains, and Automobiles..."it should be service with a smile".

Airlines need to stop the overbooking

Says he "doesn't believe the UA employees did anything wrong"....ok so then what is the issue?

Then brings up the piggy-back story of First Class passenger removed....then alludes to "Miles Plus" and Red Carpet Club.

Obviously this case sounds like its all over the place.

Last edited by qukslvr619; Apr 13, 2017 at 9:43 am
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Old Apr 13, 2017, 9:36 am
  #4683  
 
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Originally Posted by planeluvr
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.
I don't think anyone is complaining about the use of plain clothed officers for undercover operations. What people are taking issue with is using plain clothed officers in non-exigent circumstances to interact with the public where the officer expects the public to recognize his position of authority.
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Old Apr 13, 2017, 9:37 am
  #4684  
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Doctors and doctors

Originally Posted by featheroleather
so if one loses their license, are they still allowed to call themselves doctor?
A doctorate is an academical title. A Doctor might thus be a person holding the degree of Doctor of Medicine, but also a number of other degrees (Ph.D, Ed.D, Mus.D, J.D. ...) In some countries (e.g. in the US), the academical degree required to practise as a physician (getting licentia practicandii) is the degree of MD, in other countries the degree required is a "lower" degree than a doctorate. In the UK it has traditionally been a bachelor's degree (some variant of Bachelor of Medicine, Bachelor of Surgery), in Scandinavia the degree is "Candidate of medicine" (Cand.med or Med.kand.), the doctorate in medicine being a research degree. Medical practitioners in Europe would still be called Doctor, but then as a courtesy title. It should not be inferred that a medical degree in Europe is of a lesser quality than a US MD (indeed the official translation of the Norwegian Cand.med. is MD), it is just that the academic traditions are different.

A person holding a doctorate in medicine would thus be allowed to call himself a doctor even after losing the license to practise, a person using a courtesy title of doctor would probably not. And it would be very misleading if a person holding a doctor's degree in a field other than medicine, used the title of doctor in order to mislead others to believe that he was a licensed medical practitioner.
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Old Apr 13, 2017, 9:40 am
  #4685  
 
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Originally Posted by Boggie Dog
Just a point of clarification.

It wasn't Chicago PD. The City of Chicago has a Department of Aviation with a security branch. That's who these "cops" worked for. They appear to be sworn LEO's but have limited arrest authority and do not carry firearms. Sound like for good reason.
Also, they are a mix of part- and full-time cops, and some work as police in other departments. Maybe some part timers are used to more power.
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Old Apr 13, 2017, 9:45 am
  #4686  
 
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It was interesting that the lawyer mentioned earlier that increasing the compensation offers would solve the problem, but just now he said that they could have offered the doctor $3000 and he would have said no way, I have to get home--but someone else would likely take an offer of $1300 or something.

Is that wanting to have it both ways?
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Old Apr 13, 2017, 9:46 am
  #4687  
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Originally Posted by UAzip
It was interesting that the lawyer mentioned earlier that increasing the compensation offers would solve the problem, but just now he said that they could have offered the doctor $3000 and he would have said no way, I have to get home--but someone else would likely take an offer of $1300 or something.

Is that wanting to have it both ways?
No. The doctor himself would not have taken $3k. But the lawyer's point is that someone else on the plane would.

Just like I wouldn't buy the newest Nikes for $300 (or whatever they go for) but someone else will.
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Old Apr 13, 2017, 9:50 am
  #4688  
 
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After watching this presser, the over/under on what the Doctor will likely receive from United/Chicago Police has just markedly increased.

Over/under of $3-5 mil has just increased to $10 mil. This one will sting.
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Old Apr 13, 2017, 9:50 am
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Originally Posted by Summa Cum Laude Touro Law Center
I don't think anyone is complaining about the use of plain clothed officers for undercover operations. What people are taking issue with is using plain clothed officers in non-exigent circumstances to interact with the public where the officer expects the public to recognize his position of authority.
Exactly, which is why saying undercover is incorrect.
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Old Apr 13, 2017, 9:52 am
  #4690  
 
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Originally Posted by johnden
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.
Buying an airline ticket entitles you to a seat and a flight, as set forth in the contract of carriage and relevant law and regulation. In effect, you own that seat under those terms. The airline does not have the total right to remove you, it can only do so in accordance with the CoC and law.

A rough analogy is a lease on an apartment. You have the right to occupy the apartment, subject to the terms of the lease and applicable law. The owner of the building can't just decide to evict you. This is a rough analogy because there's a lot of specific landlord-tenant law, but the general principle holds. There is a contract between the parties which limits, in this case, UA's rights as an owner to remove the pax from the plane.

Some say you have to follow crew instructions, but that's not totally true. Relevant law limits the instructions you have to follow (see https://www.law.cornell.edu/uscode/text/49/46504). In any case, he was not ordered off the flight by the crew.
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Old Apr 13, 2017, 9:53 am
  #4691  
 
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Originally Posted by UAzip
It was interesting that the lawyer mentioned earlier that increasing the compensation offers would solve the problem, but just now he said that they could have offered the doctor $3000 and he would have said no way, I have to get home--but someone else would likely take an offer of $1300 or something.

Is that wanting to have it both ways?
they would have found OTHERS probably at 1K-1.5K for sure. Delta will gladly move higher in compensation, the ability to OVER compensate is not limited by the government at all.
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Old Apr 13, 2017, 9:55 am
  #4692  
 
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Originally Posted by SeaHawg
After watching this presser, the over/under on what the Doctor will likely receive from United/Chicago Police has just markedly increased.

Over/under of $3-5 mil has just increased to $10 mil. This one will sting.
I'm going to say no to the 10 million, and would be surprised at the 5million..

now if there is a combined UA and Chicago PD, MAYBE 4-5 could be had combined..we'll see. it will take a while though.
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Old Apr 13, 2017, 9:55 am
  #4693  
 
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Originally Posted by UAzip
It was interesting that the lawyer mentioned earlier that increasing the compensation offers would solve the problem, but just now he said that they could have offered the doctor $3000 and he would have said no way, I have to get home--but someone else would likely take an offer of $1300 or something.

Is that wanting to have it both ways?
Originally Posted by rufflesinc
No. The doctor himself would not have taken $3k. But the lawyer's point is that someone else on the plane would.

Just like I wouldn't buy the newest Nikes for $300 (or whatever they go for) but someone else will.
That's one of the features of economics. Things are worth different amounts to different people and a properly functioning market allocates them efficiently.

Here, UA did not offer enough. Reportedly, one pax volunteered to leave for $1,600 and the UA manager just laughed. UA obviously should have paid the $1,600.
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Old Apr 13, 2017, 9:56 am
  #4694  
 
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Originally Posted by nmenaker
they would have found OTHERS probably at 1K-1.5K for sure. Delta will gladly move higher in compensation, the ability to OVER compensate is not limited by the government at all.
In fact it was mentioned earlier (but I don't have any reputable source for this) that another pax asked for $1.6k compensation and was laughed at by UA staff.
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Old Apr 13, 2017, 9:57 am
  #4695  
 
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Originally Posted by UAzip
It was interesting that the lawyer mentioned earlier that increasing the compensation offers would solve the problem, but just now he said that they could have offered the doctor $3000 and he would have said no way, I have to get home--but someone else would likely take an offer of $1300 or something.

Is that wanting to have it both ways?
If they had offered all 70 people on the plane $1000, $1300, $1500, $2000 whatever, someone would have jumped at the chance. This way people could have decided how important getting home on that flight was to them.

Heck, if they had offered cash or an Amex Gift card instead of the funny money in addition to accommodation & hotel I'm sure they'd have had a stampede of people trying to take the offer.
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