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Re:Remove United from your flight results by Mithaldu on Wednesday April 12, 2017 @09:26PM (#14103337)
United acted illegally from the very get-go.

Via https://np.reddit.com/r/OutOfTheLoop/comments/64m8lg/why_is_... and more:

> Lawyer here. This myth that passengers don't have rights needs to go away, ASAP. You are dead wrong when saying that United legally kicked him off the plane.

> 1. First of all, it's airline spin to call this an overbooking. The statutory provision granting them the ability to deny boarding is about "OVERSALES", specifically defines as booking more reserved confirmed seats than there are available. This is not what happened. They did not overbook the flight; they had a fully booked flight, and not only did everyone already have a reserved confirmed seat, they were all sitting in them. The law allowing them to denying boarding in the event of an oversale does not apply.

> 2. Even if it did apply, the law is unambiguously clear that airlines have to give preference to everyone with reserved confirmed seats when choosing to involuntarily deny boarding. They have to always choose the solution that will affect the least amount of reserved confirmed seats. This rule is straightforward, and United makes very clear in their own contract of carriage that employees of their own or of other carriers may be denied boarding without compensation because they do not have reserved confirmed seats. On its face, it's clear that what they did was illegal-- they gave preference to their employees over people who had reserved confirmed seats, in violation of 14 CFR 250.2a.

> 3. Furthermore, even if you try and twist this into a legal application of 250.2a and say that United had the right to deny him boarding in the event of an overbooking; they did NOT have the right to kick him off the plane. Their contract of carriage highlights there is a complete difference in rights after you've boarded and sat on the plane, and Rule 21 goes over the specific scenarios where you could get kicked off. NONE of them apply here. He did absolutely nothing wrong and shouldn't have been targeted. He's going to leave with a hefty settlement after this fiasco.

Re:Remove United from your flight results by psyc on Wednesday April 12, 2017 @11:00PM (#14103793)
I'm glad to see this. The meme about private property rights giving owners the absolute right to kick anybody out of anywhere for any reason gets repeated 1000 times a day on internet forums, as if it's a profound insight into both law and the philosophy of rights.
Re:Remove United from your flight results by perseusprime11 on Wednesday April 12, 2017 @11:13PM (#14103851)
This is probably the reason United is going after the passenger's personal life. Their PR team is overworking on creating a different narrative instead of feeling remorseful.
Re:Remove United from your flight results by macintux on Wednesday April 12, 2017 @11:27PM (#14103915)
Didn't news come out that the initial wave of personal muckraking was actually background information about a different doctor with a similar name?
Re:Remove United from your flight results by PhasmaFelis on Wednesday April 12, 2017 @11:59PM (#14104060)
That seems to be false, i.e. he is in fact who United claims he is--his hometown paper discusses it here. http://www.courier-journal.com/story/news/2017/04/12/yes-ken...

I can also confirm it personally because I have family in that area and it turns out they were treated by him. o_O He doesn't have the best reputation, apparently. Not that that's at all relevant to United's behavior, of course--it's like those cases where a cop shoots an unarmed man for no reason and they try to defend it because it turns out he'd robbed a liquor store the previous week. Was pretty surprising to me, though.

Re:Remove United from your flight results by Nition on Thursday April 13, 2017 @04:55PM (#14110846)
Original source for that comment is user NegativeFeedback here: http://disq.us/p/1hqpe1x
[dead]
Re:Remove United from your flight results by colmvp on Wednesday April 12, 2017 @09:46PM (#14103432)
Skeptics should read the NakedCapitalism post (http://www.nakedcapitalism.com/2017/04/united-passenger-remo...) which not only brings up the Reddit post but also includes references from the FAA, CFR, and United's Contract of Carriage.
Re:Remove United from your flight results by Nition on Thursday April 13, 2017 @05:04PM (#14110916)
I just want to note that the Reddit post itself is originally from here: http://disq.us/p/1hqpe1x
Re:Remove United from your flight results by Mithaldu on Wednesday April 12, 2017 @09:43PM (#14103420)
It has been checked by others ( https://news.ycombinator.com/item?id=14099630 ) and looks alright. If the information contains factual errors, please point at least one of these out, instead of posting character assassination.
Re:Remove United from your flight results by kelnos on Thursday April 13, 2017 @01:19AM (#14104338)
I object to the parent's question as being a form of character assassination. There's a lot of garbage written on the internet, and claims of being a lawyer or in any way an authority on a particular subject should be questioned.

It's great that others have checked out the guy's statements, but I think the downvotes on the parent and easy dismissal of his/her IMO reasonable question is a bit much.

Re:Remove United from your flight results by kinkrtyavimoodh on Thursday April 13, 2017 @01:52AM (#14104462)
>> 'easy dismissal of his/her IMO reasonable question'

Except their tone / style was far from reasonable. It was arrogant and elitist. If they have concerns about the authenticity of reddit posts, there are far better ways of wording it, instead of going lulzzz reddit hurr durr.

Re:Remove United from your flight results by ams6110 on Wednesday April 12, 2017 @09:45PM (#14103428)
IANAL but pretty sure there are some specific exceptions for employees en route to another location to staff a flight (deadheading). If airlines could not do this they would have to possibly cancel flights that they could not otherwise staff, inconveniencing dozens or hundreds of passengers instead of just a few.

That said, United utterly botched this in the way they handled it.

And I don't let the PD off the hook either. That police can use violence to settle what is essentially a business dispute is just wrong.

Re:Remove United from your flight results by chrismcb on Wednesday April 12, 2017 @09:58PM (#14103500)
There is nothing in the contract of carriage that says it is ok to remove a passenger from the plane for dead heads. About the only reason they are allowed to remove a passenger from the plane is safety reasons. Three fact that united might have to cancel a flight and inconvenience other people is totally irrelevant.
Re:Remove United from your flight results by ams6110 on Wednesday April 12, 2017 @10:39PM (#14103698)
You are correct and my post was not precisely worded. I was not trying to say it was OK to forcibly remove a boarded passenger for this reason.

I was responding mostly to the claim that they can only denying boarding in the event of an oversale because they can deny boarding to accommodate positioning crew, it happens all the time.

I agree that once the passenger was boarded, the situation was different. United screwed up, and they compounded the problem in their violent removal of the passenger and their subsequent public responses to the incident.

Re:Remove United from your flight results by diminoten on Wednesday April 12, 2017 @10:25PM (#14103636)
Read rule 25, and once you realize that employees are booked as passengers when moved like this, you realize there's a whole procedure in place for bumping people involuntarily from flights.
Re:Remove United from your flight results by axoltl on Wednesday April 12, 2017 @10:50PM (#14103742)
That's actually not true. From 14 CFR 250.1, definitions:

"Confirmed reserved space means space on a specific date and on a specific flight and class of service of a carrier which has been requested by a passenger, including a passenger with a “zero fare ticket,”"

"Zero fare ticket means a ticket acquired without a substantial monetary payment such as by using frequent flyer miles or vouchers" ... "A zero fare ticket does not include free or reduced rate air transportation provided to airline employees and guests".

Which means the employees cannot be counted as having confirmed reserved space. 14 CFR 250.2a says:

"In the event of an oversold flight, every carrier shall ensure that the smallest practicable number of persons holding confirmed reserved space on that flight are denied boarding involuntarily."

Which means denying the smallest practicable number of persons holding confirmed reserved space means denying 0 paying passengers. They cannot bump passengers for crew. Whether they do or not, they legally cannot.

Re:Remove United from your flight results by rl3 on Wednesday April 12, 2017 @11:34PM (#14103941)
>Which means the employees cannot be counted as having confirmed reserved space.

I believe your interpretation is incorrect. This was discussed in another thread last night.[0]

Assuming 14 CFR 250 even applies (there's multiple reasons why it may not), the explicit exclusion of employees from the definition of a zero fare ticket is immaterial due to employees otherwise satisfying the definition of confirmed reserved space.[1]

The critical point is that the definition merely includes zero fare tickets, which are explicitly defined as not being employees. That does not mean employees cannot otherwise satisfy the definition of confirmed reserved space.

Deadheading employees are not involved in the operation of the aircraft, so they may be considered passengers. The employee travel passes used reserve a specific date, flight and class of service at their request.

Due to the urgency of that particular situation, the passes used were positive-space, also having higher seating priority than paying passengers. While that sucks, the alternative is that an entire flight is delayed or canceled, with many passengers on that flight missing their connections. Those missed connections then bump people off subsequent flights, creating a cascade of chaos. That's why deadheading flight crew have priority over ticketed passengers in certain situations.

[0] https://news.ycombinator.com/item?id=14095224

[1] https://www.law.cornell.edu/definitions/index.php?width=840&...

Re:Remove United from your flight results by ams6110 on Thursday April 13, 2017 @12:44AM (#14104227)
There is a difference between a "zero fare ticket" provided as a perquisite to employees and guests for personal use, and employees/crew flying on a company-issued reservation for duty positioning (i.e. deadheading).
Re:Remove United from your flight results by evilDagmar on Wednesday April 12, 2017 @09:55PM (#14103478)
You are simply mistaken. United should have handled this before boarding the passengers--when they would have had a legal right to arbitrarily deny boarding.

United screwed up by failing to follow the correct procedures, and the compounded that failure by sending security personnel onto the plane to manhandle their customers.

Re:Remove United from your flight results by ams6110 on Wednesday April 12, 2017 @10:44PM (#14103716)
Correct, I worded this poorly. Was not trying to defend the forcible removal, only that they can (and do) deny boarding to position crew.
Re:Remove United from your flight results by nathanvanfleet on Wednesday April 12, 2017 @09:50PM (#14103453)
So laws evaporate for the sake of corporate efficiency? This kind of deference to authority and lack of empathy is alarming me.
Re:Remove United from your flight results by kelnos on Thursday April 13, 2017 @01:23AM (#14104356)
How is that for the sake of corporate efficiency? If you can't get a crew to a plane they're supposed to work on in time, you have to cancel the flight, and then instead of inconveniencing (in this case) the four passengers they chose to bump, you inconvenience an entire plane of passengers.
Re:Remove United from your flight results by frobozz on Thursday April 13, 2017 @04:05AM (#14105054)
That is exactly corporate efficiency. Less efficient solutions that don't inconvenience passengers include:

* maintaining extra crew on standby at each airport, in case of no-shows by the scheduled crew.

* reserving (i.e. not selling) space on flights specifically for such crew transport.

* buying seats for them on other airlines, chartering a small aircraft, or other means of transport.

* offering enough cash to persuade volunteers to debark. Considering that the alternative is to compensate an entire planeful, the budget for this is a lot higher than 4*$800.

Re:Remove United from your flight results by Mithaldu on Wednesday April 12, 2017 @09:46PM (#14103433)
> IANAL but pretty sure

That means you are, even if confidently so, guessing? Or can you provide concrete details?