Apr 10, 2017, 8:42 pm
Last edit by: WineCountryUA
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N.B. PLEASE do not alter the contents of this moderator note
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.
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
- Passenger one row behind and on the aisle footage BEFORE man was dragged off https://www.liveleak.com/view?i=655_1492004707
- Videos of man being removed https://www.liveleak.com/view?i=4b7_1491983214 https://www.youtube.com/watch?v=0nAZEk6nsNE
- Video of man re-entering plane https://www.youtube.com/watch?v=HNEQDWpYbZA (link dead)
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
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.
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
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
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
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
- Chicago Aviation Department said on the Monday afternoon after the incident that the officer who had dragged the passenger off the plane had been placed on leave pending an investigation. Spokesperson Karen Pride said in an email that "The incident on United flight 3411 was not in accordance with our standard operating procedure and the actions of the aviation security officer are obviously not condoned by the Department."
- 4/12/17: Two more Chicago Aviation officers involved are suspended
- Muñoz does ABC interview, announcing United will no longer use law enforcement to remove passengers: https://www.youtube.com/watch?v=90jSUe_vdhM
- United announces policy change that crews traveling on their aircraft must be booked at least 60 minutes prior to departure.
- United releases multiple changes in overbooking / denied boarding policies "We are making changes to ensure that we always put customers first" (http://newsroom.united.com/2017-04-2...mer-Experience) released 27 April 2017
- Statement from United Airlines Regarding Resolution with Dr. David Dao - released 27 April 2017
- Response to Senate Commerce Committee questions - 1 May 2017
- United Airlines PR Boss to Step Down
- James Long, one of several officers involved in removing David Dao from the April 9, 2017, flight to make room for airline employees, filed suit on Tuesday against United, Chicago’s Department of Aviation and its commissioner, Ginger Evans. The lawsuit, filed in the circuit court of Cook County, Illinois, alleges he was not properly trained on how to use force.
Poll: Your Opinion of United Airlines
Poll link: https://www.surveymonkey.com/r/KP68GYG
Results link: https://www.surveymonkey.com/results...Q6B2B/instant/
Reference MaterialResults link: https://www.surveymonkey.com/results...Q6B2B/instant/
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.aspxIf 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.
Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}
Apr 14, 2017, 1:11 pm
#5551
Join Date: Feb 2002
Location: NYC: UA 1K, DL Platinum, AAirpass, Avis PC
Posts: 4,599
Interesting that United's IDB ratio is FIVE times that of Delta. Numbers don't lie and that huge disparity speaks for itself.
Interesting that the latest internal United communication to employees comes from the Chairman of the Board. The communication mentions "Oscar", but offers no vote of confidence in CEO Munoz or his continued tenure. Is there a scheduled meeting (or conference call) of the United Board of Directors prior to the earnings release? Could Munoz's status be an added topic on that call?
Time will tell.
Interesting that the latest internal United communication to employees comes from the Chairman of the Board. The communication mentions "Oscar", but offers no vote of confidence in CEO Munoz or his continued tenure. Is there a scheduled meeting (or conference call) of the United Board of Directors prior to the earnings release? Could Munoz's status be an added topic on that call?
Time will tell.
The statement reads "We are supporting Oscar..." and later reads "give them the support they require"
Boards aren't going to guarantee anything more than the employment contract signed.
Because circumstances change - positive and negative.
United will overcorrect on the denied boarding front regardless of who is CEO. Energy matters on the policy, not the person at this point. It's above the company level now.
Scott Kirby was the most likely successor, and probably on deck to replace in less than 3-5 years prior to the event. He was installed by the current board, which took form less than a year ago, and wasn't the board that hired Oscar.
Last edited by cerealmarketer; Apr 14, 2017 at 1:22 pm
Apr 14, 2017, 1:18 pm
#5552
Used to be 'etrevino'
Join Date: Feb 2014
Location: MTY
Programs: AA, BA, AM Plat, HH Silver, SPG Gold, Amex Plat
Posts: 134
I don't think it can be avoided completely because there can be a variety of reasons, safety-related or not, that require passengers to be IDB in order to pursue a greater good, including transport of crew to avoid disruption to orders of magnitude more passengers than would have to be IDB'd such as this case. But what if it's needed to transport not one crew but two. What if an organ donor unexpectedly dies and it's found that there's no way to get an organ to an eligible recipient other than using a scheduled commercial airliner about to depart the same route but needing to bump passengers out for the organ carrier and medical team. What if there's a natural or manmade disaster and responders and their equipment need to be transported. Airlines can't just hold plane capacity down just in case they need seats for somebody else without increasing fares and fees to compensate; I think the most recent statistics of 99.91% passengers not being either VDB and IDB, and the statistic of only 0.0025% of passengers having to be IDB, show that airlines do a good enough job of forecasting that part of operations, and I don't think that needs to be changed as long as they continue keeping those numbers that close to 100% and 0%. I can't think of any other business that depends so much on external uncontrollable factors aligning with each other that would forecast any of their operational targets with so much precision. So, while it could be good to review procedures for deboarding passengers and compensation levels for VDB/IDB in light of this incident, I think it would be an enormous mistake to put any regulations that deny airlines the possibility of doing IDBs, other than cancelling the whole flight in turn IDB'ing everyone, which would be very costly and disruptive.
Apr 14, 2017, 1:19 pm
#5553
Moderator: United Airlines
Join Date: Jun 2007
Location: SFO
Programs: UA Plat 1.997MM, Hyatt Discoverist, Marriott Plat/LT Gold, Hilton Silver, IHG Plat
Posts: 66,859
Apr 14, 2017, 1:20 pm
#5554
A FlyerTalk Posting Legend
Join Date: Aug 2002
Location: NY Metro Area
Programs: AA 2MM Yay!, UA MM, Costco General Member
Posts: 49,047
Despite being a 1K and an AA Exec Plat, I have been IDB or something close due to equipment problems. On UA my seat completely disappeared on the new plane, although oddly they let me board and sort of look around and finally figure out my row didn't exist. But it was LGA-DEN not to a small station. So I told the person handling the IDBs when I needed to get to DEN and asked what he could do for me and it was handled well by UA.
On AA I was on a full fair coach ticket, upgraded to business from JFK-LHR. My flight canceled and they called me and said I was on a BA flight, also in business. I was skeptical, and sure enough when i went to check in at BA I was in coach. I called AA and they said sorry, first call was wrong (actually several calls including BA ticket agent to AA) and I was in coach. So I called AA and said I needed to get to London the the following morning, and it had to be in business or I would cancel the trip. I told them I would go to the Flagship Lounge and check in with them and have some dinner while I waited and to call my cell and let me know if they could get me on a flight. They finally got me on a flight in business later in the evening, so no problem. Since it was equipment and I got there when I needed to I didn't ask for any compensation.
So, I certainly acknowledge that there are unavoidable circumstances and expect airlines to deal with them and think generally they try to do that. But the combination of:
1) selling over or near capacity
2) IDBing people to make up for it
3) using cops to enforce bad, consumer unfriendly steps in 1 and 2
needs to go. Either make it so that they cannot oversell, or probably better for the airline, only VDB in oversell situations. But the current system needs to change.
Apr 14, 2017, 1:21 pm
#5555
Join Date: Apr 2017
Posts: 5
Maybe not even for the greater good
This may be the other shoe to drop, i.e., was any flight out of SDF really in danger, and why and how so? I'm waiting for some investigative journalist (if not Dr. Dao's lawyers) to really test this proposition. Having offered it as part of their narrative of the event, United should be willing to help document the truth of the statement. Why exactly did the four crew get to the gate in that narrow window between boarding and pull back from the gate? What if this was because they had tarried in the bar on the assumption they could bull their way on? Why didn't anyone consider trying for VDBs on the United flight ORD-SDF at 9:00 PM on Sunday evening? Were all of these four really working early flights the next day, or did they just feel like getting home that evening on the 5:41 PM flight? Was there really no replacement crew in SDF Republic could have called in if one or more wasn't available on Monday? If this "greater good" narrative falls apart, then it's just a case of actual or implied force being used to disembark fare paying passengers already boarded because that's what the Republic/United GA felt like doing.
Apr 14, 2017, 1:21 pm
#5556
Join Date: Sep 2015
Location: Nawthun Virginia
Programs: Air: UA (Gold), AA, WN, DL; Hotel: Hilton (Diamond), plus all the rest
Posts: 135
I think if you listen to the discussions in the videos, you'll realize that Dao was narrowly focused on not giving up the seat he paid for because the GA was demanding travel flexibility he didn't think he possessed. He showed no hint of being disruptive or uncooperative in an emergency. There was no erratic behavior at all until he was concussed.
Apr 14, 2017, 1:23 pm
#5557
FlyerTalk Evangelist
Join Date: Mar 2008
Location: DFW
Posts: 28,121
Fresh in my employee inbox:
Dear fellow members of the United family,
We on the board of directors have been meeting and talking regularly this week and working with Oscar and the management team in the aftermath of Sunday’s terrible event. We are deeply sorry and upset about what happened, and our apologies and sympathies go to Dr. David Dao and all those on UA 3411.
We are supporting Oscar and his team as they work to assure that something like this does not happen again. That means, as you have heard, changes to our policies of when we will ask law enforcement officers to come onto our planes and our procedures when there is an oversold situation.
snipped snipped
All my best,
Robert
Robert A. Milton, Chairman of the Board, United Airlines
Dear fellow members of the United family,
We on the board of directors have been meeting and talking regularly this week and working with Oscar and the management team in the aftermath of Sunday’s terrible event. We are deeply sorry and upset about what happened, and our apologies and sympathies go to Dr. David Dao and all those on UA 3411.
We are supporting Oscar and his team as they work to assure that something like this does not happen again. That means, as you have heard, changes to our policies of when we will ask law enforcement officers to come onto our planes and our procedures when there is an oversold situation.
snipped snipped
All my best,
Robert
Robert A. Milton, Chairman of the Board, United Airlines
How about starting off with just being honest? It was not an oversold flight.
Apr 14, 2017, 1:24 pm
#5558
A FlyerTalk Posting Legend
Join Date: Aug 2002
Location: NY Metro Area
Programs: AA 2MM Yay!, UA MM, Costco General Member
Posts: 49,047
No, United's money, in the form of not paying enough to get volunteers was put at a higher priority than United's 4 passengers.
Apr 14, 2017, 1:25 pm
#5559
Used to be 'etrevino'
Join Date: Feb 2014
Location: MTY
Programs: AA, BA, AM Plat, HH Silver, SPG Gold, Amex Plat
Posts: 134
Apr 14, 2017, 1:27 pm
#5561
A FlyerTalk Posting Legend
Join Date: Jul 2002
Location: MCI
Programs: AA Gold 1MM, AS MVP, UA Silver, WN A-List, Marriott LT Titanium, HH Diamond
Posts: 52,575
In fact, one of the nastiest and most fraudulent of all fees - fuel surcharges - seems to be more prevalent over at AA. (Not sure about DL.)
There's a time and place for a discussion of the various junk fees, but this probably isn't it.
Apr 14, 2017, 1:31 pm
#5562
Used to be 'etrevino'
Join Date: Feb 2014
Location: MTY
Programs: AA, BA, AM Plat, HH Silver, SPG Gold, Amex Plat
Posts: 134
This may be the other shoe to drop, i.e., was any flight out of SDF really in danger, and why and how so? I'm waiting for some investigative journalist (if not Dr. Dao's lawyers) to really test this proposition. Having offered it as part of their narrative of the event, United should be willing to help document the truth of the statement. Why exactly did the four crew get to the gate in that narrow window between boarding and pull back from the gate? What if this was because they had tarried in the bar on the assumption they could bull their way on? Why didn't anyone consider trying for VDBs on the United flight ORD-SDF at 9:00 PM on Sunday evening? Were all of these four really working early flights the next day, or did they just feel like getting home that evening on the 5:41 PM flight? Was there really no replacement crew in SDF Republic could have called in if one or more wasn't available on Monday? If this "greater good" narrative falls apart, then it's just a case of actual or implied force being used to disembark fare paying passengers already boarded because that's what the Republic/United GA felt like doing.
Apr 14, 2017, 1:34 pm
#5563
Join Date: May 2009
Location: Silicon Valley
Programs: UA GS, WN A-List, AA Exec Plat, National Emerald
Posts: 1,020
Finally! A real expert weighs in. Someone who actually had a case about overselling go to the U.S. Supreme Court in 1972 and prevailed:
https://supreme.justia.com/cases/fed.../290/case.html
While I'm not always a fan of Ralph Nader, in commenting on the United Dao case he gets his facts right. (I'm shocked, shocked how many news outlets don't bother reporting that the $800 offered was in wampum, not dollars.)
RALPH NADER: On a bright morning in April 1972, I went to National Airport in Washington to take an Allegheny Airlines flight to address a large downtown rally in Hartford, Connecticut, at noon. And I got there with a confirmed ticket. And they said, "The plane is full. You can’t get on the plane." I said, "I have a confirmed ticket and a confirmed seat." "I’m sorry, the plane is full." Behind me was an assistant to Senator Ribicoff, whose name was John Koskinen, who’s now the IRS commissioner. And he was bumped, too.
So I found myself a wonderful public interest lawyer, Reuben Robertson. He took it all the way up to the Supreme Court. In a 9-0 decision, the court ruled that if you are bumped with a confirmed reservation, you have a case under the doctrine of fraudulent misrepresentation. And so we went down to the lower court and the Civil Aeronautics Board, and they required the airlines to put a notice on the ticket counter in all of our tickets saying, if we are bumped, we’re entitled to some form of compensation. What form was to be decided by the airlines. And they decided to auction off the seats. And it worked like a charm 99 percent of the time. And where it doesn’t work is where the airline gets chintzy and offers vouchers instead of cash.
And what United Airlines did in the flight from Chicago to Louisville, when they wanted to get four seats empty for four flight attendants deadheading it to Louisville to get on another plane, was offer vouchers that expire in one year. And they got three out of the four, and they picked a doctor, Dao, and called the security when he objected, and dragged him off the plane. And a billion people have seen that.
But why did they do that? Because they didn’t want to offer cash. And why didn’t the customer have a right to stay on? Because the contract of carriage, which is on the UAW website, is 67,000 words long and fine print, and it takes away the rights to be assured that when you have a confirmed reservation and you’re in the seat, you can stay in the seat—total unbridled discretion by the airline to throw you off the plane. So now the stage is set, because so many people are outraged, for getting the passenger bill of rights legislation through Congress, which has been mired for decades because of the airline lobby. So it all started with a lawsuit.
You can listen to the whole interview here: https://www.democracynow.org/2017/4/...nited_airlines
(Trigger warning! The website this is on is very left-leaning.)
https://supreme.justia.com/cases/fed.../290/case.html
While I'm not always a fan of Ralph Nader, in commenting on the United Dao case he gets his facts right. (I'm shocked, shocked how many news outlets don't bother reporting that the $800 offered was in wampum, not dollars.)
RALPH NADER: On a bright morning in April 1972, I went to National Airport in Washington to take an Allegheny Airlines flight to address a large downtown rally in Hartford, Connecticut, at noon. And I got there with a confirmed ticket. And they said, "The plane is full. You can’t get on the plane." I said, "I have a confirmed ticket and a confirmed seat." "I’m sorry, the plane is full." Behind me was an assistant to Senator Ribicoff, whose name was John Koskinen, who’s now the IRS commissioner. And he was bumped, too.
So I found myself a wonderful public interest lawyer, Reuben Robertson. He took it all the way up to the Supreme Court. In a 9-0 decision, the court ruled that if you are bumped with a confirmed reservation, you have a case under the doctrine of fraudulent misrepresentation. And so we went down to the lower court and the Civil Aeronautics Board, and they required the airlines to put a notice on the ticket counter in all of our tickets saying, if we are bumped, we’re entitled to some form of compensation. What form was to be decided by the airlines. And they decided to auction off the seats. And it worked like a charm 99 percent of the time. And where it doesn’t work is where the airline gets chintzy and offers vouchers instead of cash.
And what United Airlines did in the flight from Chicago to Louisville, when they wanted to get four seats empty for four flight attendants deadheading it to Louisville to get on another plane, was offer vouchers that expire in one year. And they got three out of the four, and they picked a doctor, Dao, and called the security when he objected, and dragged him off the plane. And a billion people have seen that.
But why did they do that? Because they didn’t want to offer cash. And why didn’t the customer have a right to stay on? Because the contract of carriage, which is on the UAW website, is 67,000 words long and fine print, and it takes away the rights to be assured that when you have a confirmed reservation and you’re in the seat, you can stay in the seat—total unbridled discretion by the airline to throw you off the plane. So now the stage is set, because so many people are outraged, for getting the passenger bill of rights legislation through Congress, which has been mired for decades because of the airline lobby. So it all started with a lawsuit.
(Trigger warning! The website this is on is very left-leaning.)
Apr 14, 2017, 1:38 pm
#5565
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