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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 11, 2017, 7:29 am
  #2521  
 
Join Date: Aug 2016
Posts: 259
Originally Posted by sanfran8080
The airlines are usually quick to pull the trigger on canceling flights. That would have solved this issue. The flight crew should have come on the PA explain that we have a passenger than is effected by the flight being overbooked but he's refusing to move. We have no choice but to cancel this flight as a result. The passengers would've been mad but this would have been avoided.....After the plane clears out it quickly departs to Louisville with the 4 crew members.
Originally Posted by nsx
Bingo. This way the guy would have been injured by his fellow passengers, not by the cops! A worse result for all the passengers but much better for United.
It was not between deboarding this passenger and cancelling the flight. They could have offered more compensation or hired a driver for their own crewmembers.
simpletastes is offline  
Old Apr 11, 2017, 7:29 am
  #2522  
 
Join Date: Feb 2014
Posts: 514
Originally Posted by ND76
UAL/RPA did not have the right to file a false police report. The passenger did not do anything wrong. The fuzz should not have intervened in a private contractual dispute.
The CEO backs up the employees account but it appears the employee fabricated facts stating this guy was belligerent. Maybe they need to discipline and terminate the employees who filed the misleading and false report of this guys demeanor.

UA should immediately issue a public apology and the CEO should personally apologize.
FlyerTom111 is offline  
Old Apr 11, 2017, 7:29 am
  #2523  
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Originally Posted by jwh212
It does not matter if the plane is at the gate or mid flight, the law is in effect whenever the plane is being used for CFR 121 purposes (common carrier air services). This includes loading passengers, etc.
But this goes against the narrative from the lawyer you quoted. That narrative which you rely on makes it clear that the crew must be performing their duties. And gives examples where the aircraft is in flight.

The current situation is not supported by the narrative you gave.
LHR/MEL/Europe FF is offline  
Old Apr 11, 2017, 7:29 am
  #2524  
 
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Originally Posted by jwh212
He broke the law by refusing to obey crew instruction (CFR 122.580). Sworn officers can then detain or arrest him for this violation at their discretion. The police only have to take the complaint and probably only have to observe the passenger not obeying the instruction to leave the plane once or twice before they remove him. The video obviously is not including a lot of interaction between the crew and the passenger beforehand.
Eh, was it crew instruction or GA instruction?

In the court of public opinion they see a paying pax dragged out. Why can't UA just man up and apologize? You see, only a tiny minority care about the semantics and little technicalities of the situation. The fact you continue to demonize the victim in a scenario that should not even involve law enforcement is shocking.
leungy18 is offline  
Old Apr 11, 2017, 7:31 am
  #2525  
 
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Originally Posted by jwh212
no I am not
Fair enough.

Welcome to FlyerTalk and hope you stick around for the other armchair lawyer conversations that happen from time to time.
Coathanger is offline  
Old Apr 11, 2017, 7:31 am
  #2526  
 
Join Date: Aug 2013
Posts: 26
Originally Posted by FlyerTom111
The CEO backs up the employees account but it appears the employee fabricated facts stating this guy was belligerent. Maybe they need to discipline and terminate the employees who filed the misleading and false report of this guys demeanor.

UA should immediately issue a public apology and the CEO should personally apologize.
United will lose market share in/from China. Full stop. And possibly in the US. I am Delta Diamond and often wonder whether to switch to United. I've now made my decision and won't look back on the matter for many years.

CEO needs course correction, not just employees in question.
metacritic is offline  
Old Apr 11, 2017, 7:34 am
  #2527  
 
Join Date: Feb 2014
Posts: 514
Originally Posted by jwh212
He broke the law by refusing to obey crew instruction (CFR 122.580). Sworn officers can then detain or arrest him for this violation at their discretion. The police only have to take the complaint and probably only have to observe the passenger not obeying the instruction to leave the plane once or twice before they remove him. The video obviously is not including a lot of interaction between the crew and the passenger beforehand.
People in Germany broke the law when they didn't give up Jews hiding in their homes. The Gestapo and SS had the right to not only detain the Jews but to shoot the people on-site that were hiding them.

Just because the cops had the right to beat the crap out of this guy and drag him off the plane doesn't make it right.
FlyerTom111 is offline  
Old Apr 11, 2017, 7:34 am
  #2528  
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Originally Posted by Global321
No. The gate agent asked the man to leave. NOT the flight crew.

AFAIK - the police were not involved. It was rental cops.



Exactly. Which is why it appears it was not the "real" police acting to remove.
Airport police are real police, even when not applicable to a UA incident.

C. 300 (unarmed) aviation police officers roam ORD and MDW. Over 200 (armed) Chicago police/CPD act as primary LEA at ORD and MDW as that is their assignment.

Last edited by GUWonder; Apr 11, 2017 at 7:44 am
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Old Apr 11, 2017, 7:35 am
  #2529  
 
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So what should they do next time? Well, a couple of things are obvious: plan ahead better for crews deadheading (before boarding), and be willing to offer more compensation to get people to volunteer.

But what if it is a last minute crew need, and people don't volunteer? Now they don't want to call the police and get filmed. Instead, maybe they will just sit quietly at the gate until someone does volunteer, making people late and miss their connections, or the crew times out, or they just cancel the flight and everybody deplanes. Terrific. Why do I get a feeling that everyone else is going to pay the price for this.
Artpen100 is offline  
Old Apr 11, 2017, 7:35 am
  #2530  
 
Join Date: Jul 2014
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Originally Posted by jwh212
He broke the law by refusing to obey crew instruction (CFR 122.580). Sworn officers can then detain or arrest him for this violation at their discretion. The police only have to take the complaint and probably only have to observe the passenger not obeying the instruction to leave the plane once or twice before they remove him. The video obviously is not including a lot of interaction between the crew and the passenger beforehand.
As has been pointed out: The Aviation Security Dept. involved quickly came out with a statement claiming that this was NOT its SOP and that it did not condone the actions of at least one of the officers involved.
trouble747 is offline  
Old Apr 11, 2017, 7:35 am
  #2531  
 
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Originally Posted by moreofless
Has anyone checked to see if they could have put these passengers on a later flight (an hour or two later) on another airline even if it was a connecting flight? The luggage of the seated passengers was already on the plane. All they had to do was get the people to the right place.
Every single flight to SDF was booked full / oversold. First available flight was Monday afternoon. I checked yesterday, and every single UA flight into SDF didn't take standbys, which tells me that they were either completely full or took volunteers.
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Old Apr 11, 2017, 7:36 am
  #2532  
 
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I've seen video of actual disruptive passengers being removed, and the rest of the plane is cheering their removal so they can get on their peaceful way.

This video clearly shows the rest of the plane is horrified by the events that took place.

UA had a clear customer service issue, and instead of finding a customer service solution, they hid behind their CoC and "must obey all crew member instructions"

That works great when they are removing people for the safety and security of the other passengers and crew...this is clearly not this.

So even if UA was contractually and legally within their authority to have the passenger removed, the way they went about it was so ham handed and authoritarian, that they've basically abdicated their legal authority.

If I jaywalk, and instead of the cop writing me a ticket, decides to wrestle me to the ground and drag me to the cop car, he went too far. Did I break the law, yes, but did the punishment fit the crime?
kop84 is offline  
Old Apr 11, 2017, 7:36 am
  #2533  
 
Join Date: Sep 2015
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Posts: 135
Originally Posted by pdquick
No, thank you. I don't want to live in a world where law enforcement can exercise any whim it wants.

But in this case, law enforcement had a lawful request to remove someone from a corporation's private property. It may not have been fair, but United does in fact have the legal right to screw you over in exactly this way. They have to get you to your destination on the next available flight, and they have to pay you CASH if you request it in lieu of the vouchers they can offer volunteers.

But apparently this guy ran back into the aircraft four times. There are only so many ways to restrain and remove a non-cooperative human being from a place where he is an unwelcome quest. It's easy to be outraged, but what would you have had the police officers do instead, exactly?

I have looked and looked and I haven't seen any actual credible report about how his face got bloody, or how he came to be holding on to a curtain whimpering "I want to go home."
They have the right to deny boarding, but that does not imply the right to forcibly remove a person from the plane who has already boarded. We'll probably get to see how a judge and jury defines the word "boarding", but any plain reading of that word (including how the gate agents use it) means entering the aircraft--maybe even the jetbridge given that the "boarding" happens at the scanner--and taking one's seat.

The video I saw made it quite clear how his face got bloody--it came into contact with the armrest after the LEO's handling of him resulted in a loss of physical control. There was the beginnings of bleeding when they were dragging him (when his glasses were displaced), and it continued to bleed, spilling out of his mouth.

As to property owners having the right to eject trespassers, well, not so fast. This man had a right to be there, and was indeed invited to be there. He was not doing anything to cause the airline to rescind that invitation except being high up on a list he was never shown. What the pax heard was "random" even if that is not what was said. He had no expectation of being forcibly removed from the airplane, so of course he is going to stand his ground. The airline is not someone's living room, and the man was not loitering. They have provided a public accommodation for which he paid and was invited to use.
Rdenney is offline  
Old Apr 11, 2017, 7:36 am
  #2534  
 
Join Date: Jun 2007
Posts: 413
Originally Posted by Artpen100
So what should they do next time? Well, a couple of things are obvious: plan ahead better for crews deadheading (before boarding), and be willing to offer more compensation to get people to volunteer.

But what if it is a last minute crew need, and people don't volunteer? Now they don't want to call the police and get filmed. Instead, maybe they will just sit quietly at the gate until someone does volunteer, making people late and miss their connections, or the crew times out, or they just cancel the flight and everybody deplanes. Terrific. Why do I get a feeling that everyone else is going to pay the price for this.
IF the carrot is big enough, the stick is never required
Peterpack is offline  
Old Apr 11, 2017, 7:37 am
  #2535  
 
Join Date: May 2006
Location: MLB
Posts: 445
Originally Posted by Artpen100
So what should they do next time? Well, a couple of things are obvious: plan ahead better for crews deadheading (before boarding), and be willing to offer more compensation to get people to volunteer.

But what if it is a last minute crew need, and people don't volunteer? Now they don't want to call the police and get filmed. Instead, maybe they will just sit quietly at the gate until someone does volunteer, making people late and miss their connections, or the crew times out, or they just cancel the flight and everybody deplanes. Terrific. Why do I get a feeling that everyone else is going to pay the price for this.
OR: UA could get its operational planning together better so these situations don't happen in the first place. Is it a lot to ask to plan ahead properly when you know you have a plane in Louisville and nobody to fly it? It's not like the plane flew itself there and got stuck....
ssk1127 is offline  


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