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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 10, 2017, 5:45 pm
  #1066  
 
Join Date: Jan 2006
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probably no one volunteered because they also all have lives that that need to get to. And a couple hundred bucks isn't enough to make up for the inconvenience of a 24 hour delay
glennaa11 is offline  
Old Apr 10, 2017, 5:45 pm
  #1067  
 
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Originally Posted by Jumper Jack
Well thank god you wont be a jury.
This person should be on the jury. The guy disobeyed a police order. If a police officer tells you to get up and deplane, why would you resist? You are going to get arrested.... or worse. I would have responded with a "yes sir" and been on my way. This guy got what he deserved.
jjmoore is offline  
Old Apr 10, 2017, 5:45 pm
  #1068  
 
Join Date: Aug 2016
Posts: 259
My questions is:

(1) Do you believe this was in essence a commercial dispute?

If so:

(a) Was United right in calling the cops in what amounts to a commercial dispute?

(b) Were the cops right to intervene in a commercial dispute?
simpletastes is offline  
Old Apr 10, 2017, 5:45 pm
  #1069  
 
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Originally Posted by dmo580
What are you going to do if someone refuses IDB? Your choices at that point are either escalate to security (i.e. forcibly enforce IDB) or you try a little more carrot. I think using a few words wouldn't hurt at that point given the passenger has probably refused and is upset, before moving on.

That way it also helps when you pick the 5th passenger that while they may be upset, they understand they're being picked because of someone else. But I can see the negatives too... like the 5th passenger being upset at #4 and then throwing a punch on the way out.
There should not be IDBed in the first place. Pay up to a satisfactory amount that will get people to volunteer or PISS off
Jumper Jack is offline  
Old Apr 10, 2017, 5:46 pm
  #1070  
 
Join Date: Mar 2004
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Were the "police" really police, or just United or airport security contractors?

This is all over the front pages in Britain and Ireland, amazing really. Way to go, United!
Wexflyer is offline  
Old Apr 10, 2017, 5:46 pm
  #1071  
 
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Originally Posted by ssk1127
As multiple posters have noted, the airline was not acting lawfully based on US regulation.
Any posters who have said that don't know the regs.
5khours is offline  
Old Apr 10, 2017, 5:47 pm
  #1072  
 
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Last edited by Jumper Jack; Apr 16, 2017 at 2:49 am
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Old Apr 10, 2017, 5:47 pm
  #1073  
 
Join Date: Apr 2001
Location: Los Angeles, CA, USA
Posts: 432
Originally Posted by dmo580
I feel like it's up to United to communicate that this is an uncooperative passenger regarding IDB not one posing a threat to the flight.

And it's also up to security/law enforcement to really de-escalate these situations and not treat every situation on a plane like it's a potential 9/11.

Since people bring up ANA, I wonder what this would be like in Japan had someone refused to get up. They'd probably get dragged off the plane too, but with far more care.
I think in Japan it would never have gotten to the point where someone refused to get up. The request for them to get off the plane would have been made once, politely, and once refused, some other plan would have been considered. No one would dream to call the cops to drag them off.
robinhood is offline  
Old Apr 10, 2017, 5:47 pm
  #1074  
 
Join Date: Feb 2017
Location: Everywhere and Nowhere
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Posts: 515
Originally Posted by Global321
The fact he is a doctor is irrelevant. Why is his career more important? What about the mom that has to get back to her kids? The dad that will get fired if he is not back? The bride heading to her wedding? The <<blank>> going to <<blank>>. The airlines do not even want to start to go down that road.



Doubt it. They were already offered $800.

As I mentioned above, more money would have solved it, quick.

Ring your call button if you will get off this plane for... $900... $1000... $1200... $2000. At some point, you would have 4 volunteers.
Originally Posted by WorldLux
Being a doctor isn't a "get free out of jail" card. If you have an important task just after the flight or the next morning, you plan accordingly. There are thousands of people that need to be at their jobs or all hell may break loose.

If doctors are excluded from IDB, we would've to exclude soldiers, judges, important businessmen and lawyers that want to close important deals, politicians, students writing an exam the next day, etc. The list would be endless.

If the doctor is heading back to do his regular (planned) surgeries, in which case getting home a day earlier is never a bad idea (there's always a risk of extraordinary circumstances ; if the flight was cancelled due to weather, he would've had the same problem). If the doctor is traveling to treat an emergency, I can't be much of an emergency: If it's a life or death situation, you usually don't fly in a doc (and certainly not on commercial).

All of that said, this doesn't justify UA staff to call LE to drag out customers and injuring them in the process, because UA is incapable of planing ahead despite having purpose built computer systems to do just that. When seeing these situations, I sometimes wonder how we survived 40 years ago, when computers with live updates and predictive algorithms weren't around.
As I said in my original post on the subject, I'm in 100% agreement that his profession should not matter in terms of IVDB selection. He shouldn't be given a pass by the AIRLINE just so I, or anyone else, can be IVDBed in his stead. It is not the airline's job to decide who is too important to bump, which is why the automated system exists, so a human isn't making the decision.

My point is, since it was made abundantly clear at the time that he was a physician while this was all going on, you'd think one of these good samaritan citizen journalists recording this might have spoken up on the man's behalf and volunteered themselves. I certainly would have. Although at $800, a night in a hotel and first flight out on a short ORD-SDF segment like that, I'd have volunteered right away to begin with.

Did the GA not take the time to actually explain the compensation process? Once this guy was selected and this situation started to escalate, you'd think someone would have jumped at the chance.
RumPatrol is offline  
Old Apr 10, 2017, 5:47 pm
  #1075  
 
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Originally Posted by simpletastes
My questions is:

(1) Do you believe this was in essence a commercial dispute?

If so:

(a) Was United right in calling the cops in what amounts to a commercial dispute?

(b) Were the cops right to intervene in a commercial dispute?
1) yes

a) Yes because the passenger was disobeying the direction of a flight attendant.

b) Yes - consciously ignoring a command from a flight attendant will require police intervention if not possible to resolve in any other way.
jjmoore is offline  
Old Apr 10, 2017, 5:47 pm
  #1076  
 
Join Date: Aug 2001
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Originally Posted by simpletastes
I hope this marks a turning point of the aviation police, TSA agents and airlines abusing their power in the name of safety and security ever since 9/11.
It won't. It'll be a discussion about United, who as an organisation really has nothing to do with this. This exact incident could have happened on Delta or American, and to a lesser degree on Southwest.
Joshua is offline  
Old Apr 10, 2017, 5:48 pm
  #1077  
 
Join Date: Jul 2012
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Programs: UA 1K, Hertz Presidents Circle, Ritz Lifetime Platinum Premier, SPG Lifetime Platinum
Posts: 146
Originally Posted by Summa Cum Laude Touro Law Center
Okay. Now tell me where United's Contract of Carriage provides United the remedy of forcibly removing a passenger on an oversold flight to make room for another passenger?
Rule 25 in the Contract of Carriage in tandem with FAA rules regarding authority of a flight crew.
rgrobins is offline  
Old Apr 10, 2017, 5:48 pm
  #1078  
 
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Originally Posted by simpletastes
My questions is:

(1) Do you believe this was in essence a commercial dispute?

If so:

(a) Was United right in calling the cops in what amounts to a commercial dispute?

(b) Were the cops right to intervene in a commercial dispute?
It's not a commercial dispute. Pax are legally required to comply with crew instructions. Full stop.
5khours is offline  
Old Apr 10, 2017, 5:48 pm
  #1079  
 
Join Date: Aug 2003
Location: Northern California
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Originally Posted by Joshua
Wrong. The chain of responsibility starts with every person who books the lowest fare possible, which is what creates an environment of overbooking, code shares, and generally very cheap operations.
http://lmgtfy.com/?q=proximate+cause
aCavalierInCoach is offline  
Old Apr 10, 2017, 5:49 pm
  #1080  
 
Join Date: Jun 2004
Location: What I write is my opinion alone..don't read into it anything not written.
Posts: 9,686
Originally Posted by channa
Huh?

United's IDB rate is 4x that of Delta's. Kind of supports the United cheapness theory.
True, 0.4/10,000 passengers vs 0.1/10,000, but better than the average US carrier, better than Southwest, American. SO better than average, 2nd out of 4 major US carriers. That's pretty much been UA's thing lately, statistically behind DL and better than Southwest, American, and the average of all carriers. Same as the year before as well for the same reporting period. Not the best, but better than most. I guess that means, less cheap than DL, but more extravagant than AA and WN (and Jetblue) and some of these carriers that do far worse claim to not overbook. How is it that a carrier that doesn't overbook IDB's at a higher rate than those that do? IDB rate is at the lowest level (per the DoT) in 20+ years as well, so in an improving system, UA still is better at this than most.
fastair is offline  


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