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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, 10:00 pm
  #1711  
 
Join Date: Sep 2003
Location: Houston
Posts: 8,956
Originally Posted by Summa Cum Laude Touro Law Center
You are dead wrong and admit as much in your reaponse. Contract provisions are interpreted in accordance with their common, ordinary meaning from the perspective of someone with average intelligence. One party's intended, though unstated, intended interpretation is of no consequence. What matters is how common people understand a term to mean. As you admit, under the definition of boarding, as understood by common people like you and me, the passenger was boarded on the plain, and he couldn't be denied boarding at that point.

Thanks again for proving my point.
Even if "the passenger was boarded on the plain [sic]", they can be removed for operational reasons. For example, everyone is loaded and additional calculations are made to find that the take-off weight now exceeds the runway length parameters so a few passengers need to be removed. Under your interpretation, no one can be removed from the plane without their consent.

Last edited by WineCountryUA; Apr 10, 2017 at 10:08 pm Reason: Quote updated to reflect Moderator edit
ND Sol is offline  
Old Apr 10, 2017, 10:00 pm
  #1712  
 
Join Date: Jul 2002
Location: New Orleans, AA EXP, DL PM, SPG PLT, HH Diamond
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Can you NOT rest with someone else driving? Pilots rest with someone else flying the aircraft..


Originally Posted by c2cflyer
By regulations they are required to rest before the flight. Driving 5.5 hours to Louisville would not have been considered rest. If they did that, the flight out of louisville would have been delayed or cancelled. Which is why they did what they did and why we are here discussing this now.

I don't know why people assume that people who do this job for a living on a daily basis are idiots. They know the rules and regulations and they make all of their decisions based on them. If they had better options available to them they would have used them. They made decisions based on the information they had and trying - as a corporation - to put their needs first.
aceflyer2 is offline  
Old Apr 10, 2017, 10:01 pm
  #1713  
 
Join Date: Mar 2015
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Not truly an "oversold" flight

In situations like these, I find it is very helpful to refer to the actual governing contractual or legal terms. Per United's Contract of Carriage, one can find the contract's Definition of "Oversold Flight" which is:
"Oversold Flight means a flight where there are more Passengers holding valid confirmed Tickets that check-in for the flight within the prescribed check-in time than there are available seats." (emphasis added)

Further, "Passenger" is defined as:
"Passenger means any person, except members of the crew, carried or holding a confirmed reservation to be carried in an aircraft with the consent of the carrier." (emphasis added)

Now, while it is true that the undefined term "crew" most likely means those crew members actively working the flight in question, the fact is that the flight could not be considered an "Oversold Flight" in any case as the extra 4 pax/crew almost certainly had not checked-in "within the prescribed check-in time". UA is wrong to call this an "Oversold Flight" and has no prescribed remedy under its CoC Rule 25 - Denied Boarding Compensation. UA can either try to claim that its need to transport additional crew qualifies as a "Force Majeure Event", otherwise this situation really isn't contemplated within the CoC.
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Old Apr 10, 2017, 10:02 pm
  #1714  
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Originally Posted by PittAir
The problem here is that the UA gate agents prioritized the deadheads over the customer and didn't think it through under pressure to leave the gate on time. There were plenty of creative solutions available.

That's just bad airline management and staff training, plain and simple. UA should get the crap kick out of it for awhile, and hopefully someone in the C suite will get religion.
I am pretty sure the employees did not make the decision to prioritize the deadheads over regular passengers.
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Old Apr 10, 2017, 10:02 pm
  #1715  
 
Join Date: Apr 2011
Posts: 144
Originally Posted by PittAir
The problem here is that the UA gate agents prioritized the deadheads over the customer and didn't think it through under pressure to leave the gate on time.
So what you're saying here in this statement is that its a problem that the UA Gate Agents executed their job responsibilities?

Their responsibilities were to get the flight out of the gate close to on time and accommodate the deadheads in order to avoid systematic delays or cancellations in the United network.

Thats not the problem. The only problem would have been in the late arrival of the staff and/or late assignment of the staff to that flight. But we don't know any details of why that is. Was it because of a corporate snafu or because of another delayed or cancelled flight somewhere else that required the crew to change flights or required an alternate crew to be flown in?


Again, there are many reasons to be upset at this situation and at United in general but this particular attack is baseless with the current facts as presented.
c2cflyer is offline  
Old Apr 10, 2017, 10:02 pm
  #1716  
 
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Originally Posted by PittAir
The problem here is that the UA gate agents prioritized the deadheads over the customer and didn't think it through under pressure to leave the gate on time. There were plenty of creative solutions available.

That's just bad airline management and staff training, plain and simple. UA should get the crap kick out of it for awhile, and hopefully someone in the C suite will get religion.
This.

The main problem is the priority of employees over paid customers. That started the entire fiasco for United.
dinanm3atl is offline  
Old Apr 10, 2017, 10:02 pm
  #1717  
 
Join Date: Jan 2005
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Originally Posted by Kevin AA
The FAA needs to make the airlines increase the VDB offer until it reaches a ceiling of $4,000. Then, in the incredibly rare instances where that's still not enough, IDB people with compensation of $5,000.
Originally Posted by davidsfo
Seems like Oscar's more interested in telling the employees that he has their backs than recognizing the absolute PR fiasco that this caused. If the employees were following protocols, then that says something about the protocols. UA already has the worst reputation for customer service amongst the majors. This will only contribute to everyone's perceptions that UA is at the bottom.
I wonder if United's Chief Storyteller can dream up a way to spin this??
EWR764 is offline  
Old Apr 10, 2017, 10:03 pm
  #1718  
 
Join Date: Jul 2002
Location: New Orleans, AA EXP, DL PM, SPG PLT, HH Diamond
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Agreed. He needs to step down or be fired.

Originally Posted by PilgrimsProgress
If the governments were not subsidizing the me3 this would never have happened! Obviously the problem is at the top if the CEO is claiming his employees did no wrong. Hope it costs him his job.
aceflyer2 is offline  
Old Apr 10, 2017, 10:03 pm
  #1719  
 
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Old Apr 10, 2017, 10:03 pm
  #1720  
 
Join Date: Aug 2014
Posts: 143
Originally Posted by minnyfly
Pretty clear you don't understand VDB/IDB rules (or choose to post in this manner anyway).

Cash is not a requirement for VDB. In fact the DOT doesn't place any requirement on the form and amount of VDB compensation. Only in IDB is the customer entitled to cash or check.

1) This was IDB.
2) IDB and making him spend a whole day rather than putting him on the next available flight was insulting.

But, hey, UA will "overbook" deadhead crews who don't want to live in their station...customers aren't anywhere NEAR as important as Employee Class.
George Purcell is offline  
Old Apr 10, 2017, 10:03 pm
  #1721  
 
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Originally Posted by c2cflyer
If the flight was not closed in the computer then boarding was still open whether it was 15 minutes or 14 minutes and 30 seconds from schedule departure time.

The only way this situation is a problem is if somehow the flight was already closed then re-opened (can that even be done? ) to accommodate the 4 crew.

And we'll never know the answer to that so it would be stupid to continue down this thread unless someone is an actual gate agent that knows whether or not a closed flight can be re-opened for any reason other than a mechanical delay etc.
fastair is a GA.
zombietooth is offline  
Old Apr 10, 2017, 10:04 pm
  #1722  
 
Join Date: Apr 2014
Posts: 107
United - THE CHRIS BROWN of the airline industry
Flyer1M is offline  
Old Apr 10, 2017, 10:04 pm
  #1723  
 
Join Date: Jan 2017
Posts: 352
Originally Posted by c2cflyer
If the flight was not closed in the computer then boarding was still open whether it was 15 minutes or 14 minutes and 30 seconds from schedule departure time.

The only way this situation is a problem is if somehow the flight was already closed then re-opened (can that even be done? ) to accommodate the 4 crew.

And we'll never know the answer to that so it would be stupid to continue down this thread unless someone is an actual gate agent that knows whether or not a closed flight can be re-opened for any reason other than a mechanical delay etc.
The DoT is investigating, so I think we will know the answer one way or another.
east_west is offline  
Old Apr 10, 2017, 10:05 pm
  #1724  
 
Join Date: Apr 2005
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Posts: 3,598
Originally Posted by username
My guess is that the employees had to be on that flight. Period. So, just IDB/VDB people since these employees trump all the passengers due to operational needs.
Everything in the airline world has a cut-off time and that shouldn't be any different here. If United needs to fly employees for operational reasons, they can put them on any plane that hasn't started boarding so that they can deny boarding to passengers as United deems fit.

Removing a passenger that was admitted to board the plane and has taken the seat he was assigned to, should not be allowed to be labeled IDB.

Those employees obviously didn't have a need to take that flight up until someone decided otherwise. And for that someone UA3411 should have no longer been available as a mean of transportation for said four employees.
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Old Apr 10, 2017, 10:05 pm
  #1725  
 
Join Date: Apr 2011
Posts: 144
Originally Posted by aceflyer2
Can you NOT rest with someone else driving? Pilots rest with someone else flying the aircraft..
Pilots on long haul flights often have a sleep area with a bed. I would be happy to be proven wrong but doubt that 'crew rest' would be acceptably achieved / defined as a 5.5 hour car ride with someone else driving

Would you want your pilots to have flown in the night before and slept 6+ hours in a private hotel room or to have spent those 6 hours in the back of a car with 3 other crew members trying to nod off between bumps, bridges, snores, jolts etc.
c2cflyer is offline  


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