On April 9, 2017, cellphone video from an overbooked United Express flight at O’Hare International Airport changed the airline industry and almost derailed one of our members’ careers. The footage showed passenger Dr. David Dao being removed from his seat and pulled down the aisle by Chicago Department of Aviation security officers. Within hours, it had been seen around the world. Forbes called it the “biggest travel story of 2017.”
The story was covered by NBC News, Fortune, CBS News, ABC News, NPR, Fox News, the Chicago Sun-Times, and WTTW at home, and by CBC News, Global News internationally. On China’s Weibo, it became one of the most discussed topics on the platform, drawing hundreds of millions of views in a single day. A White House petition demanding a federal investigation passed 100,000 signatures within days.
The consequences reached far beyond Chicago. Within weeks, United announced ten policy changes, including that it would stop asking law enforcement to remove passengers unless safety or security was at risk, and that it would raise its cap on voluntary compensation to $10,000. Delta and American announced changes of their own. Few workplace incidents have so directly rewritten the rules of an entire industry.
Three officers were involved in removing Dr. Dao. The sergeant at the center of this case, a 22-year veteran of the Department of Aviation and an ICOPs member, was not one of them. He was not even on the aircraft. Even so, the City of Chicago accused him of attempting a cover-up and terminated his employment. The Illinois Council of Police challenged the termination before the City’s Human Resources Board, which upheld it.
ICOPs took the City of Chicago to court – and won
The City of Chicago employs more than 250 lawyers, and its Law Department budget exceeds $30 million. Undaunted, ICOPs filed for administrative review in the Circuit Court of Cook County. After briefing, the court heard oral arguments on February 18, 2020. The Honorable Sanjay T. Tailor reversed the Board, holding that its conclusion that the sergeant had engaged in minimization, deception, and cover-up was “clearly erroneous.” The judge added that the Board’s findings defied common sense.
The court ordered the sergeant reinstated with full back pay and benefits.
What this means for our members
In this case, the pressure could not have been higher: an international news story, a City with a practically unlimited budget, and an adverse Board ruling. ICOPs kept fighting, and the facts prevailed. ICOPs lawyers were behind the sergeant every step of the way.
If your bargaining unit wants representation with that kind of persistence, contact ICOPs.
www.icops.org (630) 832-6772.
