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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 26, 2017, 10:02 am
  #6541  
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Originally Posted by tom911
http://www.latimes.com/business/la-f...424-story.html

Well worth reading the entire article.
Why are the names of the United employees all blacked out? If this is a public document, unless there is something identifying such as DOB or address, shouldn't names be listed?

I noticed that Dao's name was not blacked out.
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Old Apr 26, 2017, 10:28 am
  #6542  
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Originally Posted by alanslegal
Can someone tell me if there have been any news/reports of other plaintiffs (passengers on that flight) looking to join proceedings against United and others, as a result of what happened?

I mean, if I was within a couple of meters of what happened, and seeing someone been physically manhandled, seeing his head slam into the armrest, possibly hearing the face making contact with hard plastic ... then seeing the dragging of a (appearing lifeless) body, then bloodied passenger who runs up the aisle repeating he is about to die ... I mean, that's trauma to me. Some people live very closed, sheltered, sterile lifestyles and that to them, may be almost like it's in a war zone - and develop life long PTSD type conditions.

So far, the refunding of tickets to all passengers is nice but if me, I would want more!
There have been reports that the tickets were not actually refunded but that passengers were offered vouchers if they signed away their right to take legal action. No sure what the correct story is on this point.
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Old Apr 26, 2017, 11:54 am
  #6543  
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Interesting report -- it appears to have been filed the same day as the incident, almost certainly before the video of Dao being dragged off of the aircraft was made public. Strangely, the recollection of the officers immediately after the incident doesn't quite match the video. ops!
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Old Apr 26, 2017, 1:21 pm
  #6544  
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Originally Posted by Xyzzy
Interesting report -- it appears to have been filed the same day as the incident, almost certainly before the video of Dao being dragged off of the aircraft was made public. Strangely, the recollection of the officers immediately after the incident doesn't quite match the video. ops!
That will certainly help in court....help Dr Dao, that is
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Old Apr 26, 2017, 6:02 pm
  #6545  
 
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Originally Posted by FiveMileFinal
At this point, if increased fares are all that result from this, let it be. It's clear that beancounters will forever run airlines, and that they're going to make the flying experience so crushingly bad for anyone who wants to pay a cheap fare, that the only choice is to buy up to a better class of service. Alternatively, they tack on so many fees and surcharges that by the time you add them up, you should have paid the higher fare anyway.
I really don't see enough effort from United to fix this, so we can all move on. Few generic apologies and minor policy changes did not change our minds. Well, at least a big portion of us. I have 8 future flight reservations that I made before the incidence, and I will not cancel them to punish myself. But I am not making new reservations like I used to. If what United did was not enough , why didn't Oscar try harder? More people will be convinced that United will change if they did respond to customers' feedback. If they can just miss senator's deadline like it's nothing, how can we believe United again? Exactly what does Oscar need to see in order to realize that this is far from over?
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Old Apr 26, 2017, 6:21 pm
  #6546  
 
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Well, after DL reacted to UA for their handling, they were between a rock and a hard place when someone wouldn't get off their aircraft, so they just deplaned everyone and refused him re-entry. Calling Mr Demetrio!! I want a referral fee! http://www.cbs58.com/story/35258754/...room-emergency
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Old Apr 26, 2017, 7:31 pm
  #6547  
 
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What a surprise! The internal police and internal United reports are self-serving and are easily contradicted by the video. I am so glad that everyone has a SmartPhone these days...if there wasn't this video evidence the cops would circle the thin blue line and United would stick to its story that Dr. Dao was belligerent.

I agree with all of the posters that United's best bet is to settle. Dr. Dao's lawyer is one of the best trial lawyers in the business - in part because of his ability to connect with jurors rather than come across as a slimy "if you have a phone you have a lawyer" trial attorney. I can only imagine how many counts will be in the suit: Intentional Infliction of Emotional Distress, Negligence, Gross Negligence, Assault, Battery, Libel, Slander....

This incident is one that will be in taught in every business school as what not to do.

Originally Posted by Xyzzy
Interesting report -- it appears to have been filed the same day as the incident, almost certainly before the video of Dao being dragged off of the aircraft was made public. Strangely, the recollection of the officers immediately after the incident doesn't quite match the video. ops!
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Old Apr 26, 2017, 7:32 pm
  #6548  
 
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Originally Posted by aztimm
Why are the names of the United employees all blacked out? If this is a public document, unless there is something identifying such as DOB or address, shouldn't names be listed?

I noticed that Dao's name was not blacked out.
I don`t know about rules in the US but in Canada it would be because in a freedom of information request the government has to protect the privacy of private citizens. United did not release these documents, the government did.
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Old Apr 26, 2017, 7:34 pm
  #6549  
 
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Originally Posted by fastair
Well, after DL reacted to UA for their handling, they were between a rock and a hard place when someone wouldn't get off their aircraft, so they just deplaned everyone and refused him re-entry. Calling Mr Demetrio!! I want a referral fee! http://www.cbs58.com/story/35258754/...room-emergency
Alot more to the story than what you posted. This is the blog of the passenger interviewed in the CBS story you linked to. Man requested to go to bathroom. Told he couldn't. After sitting on the tarmac for another 30 minutes the man went anyways so he wouldn't pee his pants. Crew then kicked him off for failing to follow instructions.

http://delta2035.blogspot.com/2017/0...emoval-of.html
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Old Apr 26, 2017, 7:43 pm
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Originally Posted by dcstudent
Alot more to the story than what you posted. This is the blog of the passenger interviewed in the CBS story you linked to. Man requested to go to bathroom. Told he couldn't. After sitting on the tarmac for another 30 minutes the man went anyways so he wouldn't pee his pants. Crew then kicked him off for failing to follow instructions.

http://delta2035.blogspot.com/2017/0...emoval-of.html
I assumed that the linked article with videos was sufficient for me not to transcribe it, but was there for people to see, hence the reason what was already in the article and videos was not transcribed and only my opinion about what was not on the video, but DL's reaction (in light of the recent UA incident of which this thread is a part of.) The blog is from an atty who has referred the passenger to lawyers of her acquaintance. The letter (blog in your link) is included in the story I linked as well as the 3rd link on the story. The other 2 links are the 1st agent asking passenger to leave and 2nd agent asking passenger to leave.
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Old Apr 26, 2017, 8:37 pm
  #6551  
 
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Originally Posted by nnn
Much ink has been spilled over whether or not United violated the CoC by bumping Dr. Dao after he was seated.

I have a different question: Once United determined that it would remove Dr. Dao from the flight, was it legally entitled to do so using force -- provided: (1) the CoC allowed it, and (2) the CoC did not allow it?

For situation (2), before answering "no," consider: can United decide to throw anyone off of its private property, and if the airline violated its contractual obligations in doing so, then the passenger would still have to leave the plane but then could seek relief for breach of contract?

(For the sake of this question, put aside: (1) whether or not excessive force was used by the APD, and (2) any PR considerations.)

For situation 2, if you ignore contracts it still looks bad. In that case, a United employee, on land owned by the City of Chicago, stepped onto an aircraft owned by Republic Airlines and called law enforcement in to resolve a dispute.


United only claim to authority to manage passengers whatsoever in this case is the contracts it holds (with Republic, the City of Chicago, and the CoC), so dumbing it down to "It's their property they can do what they want" doesn't even help them.
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Old Apr 27, 2017, 3:31 am
  #6552  
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Originally Posted by Fiordland
I don`t know about rules in the US but in Canada it would be because in a freedom of information request the government has to protect the privacy of private citizens. United did not release these documents, the government did.
Isn't Dao also a private citizen?

It just doesn't make sense to me to not block his name but block the names of others.
aztimm is offline  
Old Apr 27, 2017, 3:52 am
  #6553  
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Originally Posted by dcstudent

This incident is one that will be in taught in every business school as what not to do.


Yes, I said the same thing a couple of dozen pages back when after it happened.

It is certainly an example of how not to solve a problem.

I believe..."reach for the sky cause tommorrow may never come."
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Old Apr 27, 2017, 4:16 am
  #6554  
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Originally Posted by aztimm
Isn't Dao also a private citizen?

It just doesn't make sense to me to not block his name but block the names of others.
Who blocked the names? Was it the newspaper or was it the government?
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Old Apr 27, 2017, 5:49 am
  #6555  
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UA won't disclose the names of the UA gate agent and UA supervisor/manager who were involved.
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