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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 16, 2017, 3:47 pm
  #6001  
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Old Apr 16, 2017, 3:51 pm
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Originally Posted by username
I read somewhere that they said the biggest mistake UA made was to call Airport Security and the biggest opportunity UA missed was to distance themselves from the Airport Security (i.e. throw the Aviation Department under the plane ).

In reality, I guess they are stuck, right? That is an important relationship to maintain. How would this play out with the suit and affect the relationship between UA and Chicago Aviation Department (and with other airport authorities)?
United is headquartered in Chicago. I suspect some well-placed calls to the Mayor's office could have gotten the city to throw the Aviation Department officers under the bus pretty aggressively as well. My guess is that United pays enough in taxes (directly and indirectly) to offset the city even taking a bath in a wrongful dismissal suit (though given that it seems the Aviation Department folks were defying repeated orders not to identify themselves as "police", the city likely has grounds to "clean house" over there now).

And I do suspect that a hairshirt-and-ashes press conference from the city discussing how they "are investigating this and that the Aviation Department may have grossly overstepped its bounds but please give us time to review all the evidence so we know how horribly they screwed up and sack them for the right reasons" (if not in so many words) would have given United some cover.
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Old Apr 16, 2017, 3:56 pm
  #6003  
 
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Originally Posted by sw3
Doesn't matter that the pax had already boarded, even if the plane was already taxiing or even departed it could have been turned back and pax deplaned per the force majeure and unforeseeable conditions clause of the COC about the possibility of denying service to anyone at any point for that kind reason. This is not only in UA's contract but also AA's, DL's, WN's. So indeed the 4 passengers had already boarded legally but they were also legally requested to deplane as long as this came with the relevant compensation and as long as it's demonstrated that it was because of an unforeseen circumstance.

Force Majeure can not be used for operational movement of employees.
Per definition :

A Force Majeure clause (French for "superior force") is a contract provision that allows a party to suspend or terminate the performance of its obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. The provision may state that the contract is temporarily suspended, or that it is terminated if the event of force majeure continues for a prescribed period of time.

A typical list of force majeure events might include war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under the contract. So if, for example, a hurricane occurred that shut down a port, the seller planning to ship its goods through that port would not be liable for late delivery of the goods.
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Old Apr 16, 2017, 4:00 pm
  #6004  
 
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Do airline have to file paperwork to remove someone from the aircraft or a call to buddy will do? I bet these are all friends during daily mall security briefing.

I doubt Chicago City is off the hook. Police, Aviation and Retail security, irrelevant at this point.
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Old Apr 16, 2017, 4:45 pm
  #6005  
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Originally Posted by tom911
Are those jackets provided by their employer, though, and is the supervisory chain of command aware they're being worn? Seems like we can add some more questions to the list we don't have answers to.
Has been reported that the Chicago Department of Aviation Security staff had been ordered to not wear jackets with "POLICE" markings.
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Old Apr 16, 2017, 4:50 pm
  #6006  
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Originally Posted by Boggie Dog
Has been reported that the Chicago Department of Aviation Security staff had been ordered to not wear jackets with "POLICE" markings.
I understand that, but where is their chain of command enforcing that? How do you go to line-up wearing a jacket that says "police" and no one notices that?
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Old Apr 16, 2017, 4:58 pm
  #6007  
 
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Originally Posted by Kacee
And then they issue a press release about how they're refunding everyone's fares. Which is simply not true, because refund means original form of payment, not UA vouchers.
Do we know this? And do we know exactly what is being refunded? If it's just the ORD-SDF segment, it could be as low as $10 or $20. (Indeed, this is probably how Dao was selected, since his ticket was LAX-ORD-SDF. These often price out so that the long leg is all but $10 or $20 of the fare.) If so, this is likely to backfire "Sorry you had to watch this. Here's $10. Now go away. Buy yourself a hot dog or sometin.")
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Old Apr 16, 2017, 5:02 pm
  #6008  
 
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Originally Posted by prestonh
Once legally boarded airlines have to remove 'with cause'. The Dr.'s conditions for removal did not fall under any of the conditions under "Refusal of Transport” (Rule 21) which were the only ones available that they could legally break the Dr.'s contract for the seat he possessed. The IDB order was illegal. The VDB was a negotiation but the pax held all of the cards since they were already legally boarded. Since we have not seen any force majeure declaration as you imply (pictures or it didn't happen) all we saw was force applied.
Funny how AA just changed their CoC this week to protect you from IDB once boarded. One would think posters have info different from how the DoT has enforced this in the past, how AA has defined the IDB rules before this change, how professors of aviation have stated that it falls under IDB, how the mainstream major media has qualified it as an IDB. Remember who the regulators are, they are NOT a group of lawyers practicing mock court, but are the DoT. And I'd look up the DoT refs, compare them to the airlines CoC, and look for differences. Pre-AA change this week, other than adding the name of the carriers to the individual CoCs, the wording has been the same, as they are all cut and pasted from the DoT. I can't guarantee I'm right anymore than you can. This thread reference a group of lawyers interpretation that has not been tested in an enforcement case yet. As such, my advice is to not rule out the historical use by both airlines and the DoT, that removal after seated for oversales, DOES fall under the IDB regs. If you think it doesn't, be open to the fact that this view has not been tested yet. Remember, JDs argue on both sides of just about every court case. 50% of them are ruled against. I think dao's atty is considered at the top of his field, yet he didn't question this at all in his appearance, let alone state it as a fact. Do you think his team believes with 100% certainty that you are correct?

Last edited by fastair; Apr 16, 2017 at 6:02 pm Reason: Discuss the issues, not the poster
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Old Apr 16, 2017, 5:04 pm
  #6009  
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Originally Posted by sw3
Doesn't matter that the pax had already boarded, even if the plane was already taxiing or even departed it could have been turned back and pax deplaned per the force majeure and unforeseeable conditions clause of the COC about the possibility of denying service to anyone at any point for that kind reason. This is not only in UA's contract but also AA's, DL's, WN's. So indeed the 4 passengers had already boarded legally but they were also legally requested to deplane as long as this came with the relevant compensation and as long as it's demonstrated that it was because of an unforeseen circumstance.
The current situation was neither force majeure or unforeseen circumstances.

Those two provisions are not carte blanche for the airline to take any action at any time for any reason. If they were, the contracts would be completely unenforceable and could be cancelled at will by either the passenger or the airline... essentially making all tickets fully refundable.
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Old Apr 16, 2017, 5:20 pm
  #6010  
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Originally Posted by BeantownDisneyFan
RE: UA# 3411

I'm curious if there are any active or retired UA pilots in this forum, who might know the answer to these questions:

Was the Captain in command of the aircraft during this incident (e.g. or was that command relegated for some reason to the First Officer)?

Where is the Captain supposed to be, when the Captain, or someone at the airline that the Captain works for, has requested that a passenger on the aircraft that the Captain is allegedly in command of, has requested that a passenger be removed from that aircraft (e.g. in the "secured" cockpit?, observing the "removal process" in the aircraft cabin?)? Is a member of the in-flight crew responsible for observing the "removal process," or are they advised to "stay away (for their own safety (perhaps, over the safety of their passengers))? Is a member of the in-flight crew charged with serving as the "safety officer," in a situation like a passenger "eviction," to monitor a potentially violent situation, to protect the passengers' safety, is there an expectation that the Captain has any dialogue with law enforcement officials on board the aircraft, about how a passenger is removed from an aircraft (e.g. if situation becomes escalated, passengers around "the evictee" are first removed from the aircraft, for their own safety?).

Many of these questions come from core principles of the Federal Emergency Management Agencies Incident Command System, and the "Crew Resource Management" model, which is an integral component of modern day commercial aviation.

While some participants may state or suggest that I am a lurker, or that my questions are hysterical or silly, there is a grounded purpose for me asking each question that I ask (and a genuine interest in life safety), and I can assure you that in meeting rooms at United, ALPA, and the Teamsters (Republic pilots), these questions are being asked, or their already known answers are being reviewed. I would not be surprised if the Flight Attendants were concerned for their safety, if their union gets involved, as well, in addition to all of the Federal, State, and City agencies that will be looking at the many aspects associated with US #3411 , and the resulting questions that have been raised.

I wonder if UA has a written policy for the "involuntary removal" of a passenger, and if it was followed on UA #3411 ?
Why would flight attendants be concerned for their safety if their unions get involved? Do you mean their job security?

I have little doubt that pilots responsibilities are well defined. It will be interesting to learn what those responsibilities are as we go forward.

Simple facts are that United admitted fault.
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Old Apr 16, 2017, 5:31 pm
  #6011  
 
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Originally Posted by Baze
That's the crux of the whole thing. Once they got their reservations at last minute, that is what put it into the oversold situation where they needed 4 "volunteers". Flight was not oversold until the 4 crew member reservations hit. And that was at last minute. Which is why the new policy that no crew reservations can be booked if within 60 minutes of flight
I realize that. I was responding to a poster that said the crew were not positive space. To wit:
Originally Posted by prestonh
If they were positive space before boarding began then 4 pax would not have been boarded to begin with, they would not have had seats. Why doesn't everyone understand this: The employees were assigned the flight after the pax boarded, legally and physically.

Additionally 'must ride' is a company designation, not a legal one that overrides the priority of a passenger's legally held reservation per 14 CFR 250.2a
I think people do understand that. I'm not sure that's the problem. You are correct in that if they were positive space before boarding the GA could have stopped 4 people from boarding. However, that doesn't mean they weren't made positive space at some time between the beginning of boarding and the last passenger to board.

I'm not sure anyone has said that any passengers boarded illegally. That's not the issue.

"Must ride" is an industry term and doesn't directly have anything to do with the CFR you keep quoting. You pretty much proved that in what you wrote. You stated that "[I]f they were positive space before boarding began then 4 pax would not have been boarded to begin with, they would not have had seats." In other words, if the crew were positive space before boarding began and that created an oversale situation, then they could have priority over a passenger's legally held reservation. Nothing in the CFR you point to says they couldn't.
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Old Apr 16, 2017, 5:37 pm
  #6012  
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Originally Posted by tom911
I understand that, but where is their chain of command enforcing that? How do you go to line-up wearing a jacket that says "police" and no one notices that?
Your answers can be found here: 800.832.6352
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Old Apr 16, 2017, 5:44 pm
  #6013  
sw3
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Originally Posted by prestonh
Once legally boarded airlines have to remove 'with cause'. The Dr.'s conditions for removal did not fall under any of the conditions under "Refusal of Transport” (Rule 21) which were the only ones available that they could legally break the Dr.'s contract for the seat he possessed. The IDB order was illegal. The VDB was a negotiation but the pax held all of the cards since they were already legally boarded. Since we have not seen any force majeure declaration as you imply (pictures or it didn't happen) all we saw was force applied.
Force majeure = "unforeseeable circumstances that prevent someone from fulfilling a contract", "an event or effect that cannot be reasonably anticipated or controlled", "an unexpected event [...] which prevents someone from doing something that is written in a legal agreement". Totally legal as long as the airline proves it, which they should do bringing up schedules and flight records from the relevant flights (UA4680 GJT-DEN, UA4600 DEN-SDF, UA3411 ORD-SDF, UA4766 SDF-DEN) so the timeline of events make it clear the sudden crew requirement was unforeseeable.
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Old Apr 16, 2017, 5:54 pm
  #6014  
sw3
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Originally Posted by LHR/MEL/Europe FF
The current situation was neither force majeure or unforeseen circumstances.

Those two provisions are not carte blanche for the airline to take any action at any time for any reason. If they were, the contracts would be completely unenforceable and could be cancelled at will by either the passenger or the airline... essentially making all tickets fully refundable.
It is not any reason, they must show that the reason was sufficient to justify the decision, thus UA must show a detailed timeline of events that demonstrates that the reason to need the crew happened last-minute and not before boarding had started, or that if it happened before boarding started, that they started working on it (looking for available crew and options to reposition them) immediately but came to a final decision after boarding had already started or finished. They can't just deplane or cancel a reservation "just because" but also a contract can't list every possible thing that can happen so there must be wide-ranging language such as "other", "any point", "including but not limited to", etc. Should it be discovered that they could have put the crew in well before boarding then UA would certainly be at fault, but from flightstats data for the relevant flights it doesn't look to be the case at all.
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Old Apr 16, 2017, 6:01 pm
  #6015  
sw3
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Originally Posted by sanhawa
Force Majeure can not be used for operational movement of employees.
Where in the COC does it say that it cannot be used for that reason? The COC cites force majeure/unforeseeable conditions as a reason to refuse transport to any passenger at any point. Can't find anything like "except for ___" to limit that clause.
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