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Archive for the ‘Law’ Category

KGB AIRWAYS: PART SIX (OF EIGHT)

In Bureaucracy, Business, Law, Self-Help on December 12, 2013 at 12:09 am

For your complaint to be addressed, it must first be put in writing–whether in a letter and/or an email.  Most likely, several letters and/or emails.

Even in our video-oriented society, the written word still carries far greater weight than the spoken one.  A document can be used as evidence in a civil lawsuit.

If you cringe at writing it yourself, you can ask someone else to write it for you.  But if s/he lacks excellent judgment and literary skills, you’ll be no better-off.

At best, the letter will prove ineffective and be ignored.  At worst, it could open you to charges of libel and/or extortion.

And even if the person can write an effective letter on your behalf, chances are you’ll have to pay for that service.

If you decide to write the letter yourself, you’ll find highly effective advice in Shocked, Appalled, and Dismayed: How to Write Letters of Complaint That Get Results, by Ellen Phillips.

Product Details

Click here: Amazon.com: Shocked, Appalled, and Dismayed! How to Write Letters of Complaint That Get Results (9780375701207): E

Among the subjects she covers–in detail–are:

  • Who to write to, what to say, what to ask for.
  • The names and addresses of over 600 major companies.
  • How to draft personal petitions covering everything from tenant-landlord disputes to workman’s compensation.
  • What steps to take to avoid litigation.

My own tips for writing a successful complaint letter are:

  • Remove any vulgar or profane words. 
  • Don’t make sweeping accusations: “Your agency is a waste.” 
  • Stick to facts you know can be proved: The who, what, when, where, how and why of reporting.
  • Don’t attribute motives to people you’ve had problems with.  You don’t know why someone did what he did.
  • Cite the names and titles of any airline employees who (1) witnessed the reason for your complaint, or (2) were witnesses to it.
  • Show how the failure of the official to address your problem reflects badly on the company: “This is not the level of service your ads would lead potential customers to expect.”
  • If there is a specific action the airline can take to redress your complaint, be sure to mention it.  (You can be so angry when making a complaint that you forget to say what you want the company to do to resolve it.)
  • Be reasonable and realistic in what you ask for. 
  • If you want reimbursement for expenses you had to make (such as hotel lodgings) owing to the airline’s fault, then provide copies of receipts.
  • Emphasize your desire to resolve the complaint amicably and privately within the company.
  • If necessary, note any regulatory agencies that can make life rough for the company if your complaint isn’t resolved. 
  • Cite the applicable law(s) under which it can be sued: “According to the Passenger Bill of Rights….”
  • Make certain the airline knows you expect a reply within a certain length of time: “I would appreciate your response within the next 10 business days.”

Of course, your overture(s) may be ignored.  Or you might feel the airline has not made a good-faith effort to compensate you.

In either case, you have two more courses of action to pursue.

  1. Threatening the airlines with bad publicity; and
  2. Threatening the airlines with a private lawsuit.

Thanks to the Internet, it’s far easier to spread the word about companies that mistreat their customers.

“Fly the Friendly Skies” is no longer n advertising slogan (even at United Airlines, which popularized it).  But airlines spend millions of dollars a year on selling just that image of themselves.

So anything that threatens to throw mud on that image is guaranteed to set off alarm-bells at corporate headquarters.  Especially if that mud is well-deserved.

An easy way to avenge airline mistreatment is to make full use of a wide array of consumer-opinion websites.

It’s important to check out each website carefully to increase your chances of having your complaint resolved.

  • Most websites simply offer a forum to vent your spleen.
  • Others promise to take various forms of action on your behalf–such as directing your complaint to the airline or a government agency.
  • Others offer to refer your complaint to an attorney.
  • Many of these are free.
  • Others charge a nominal fee (such as $5) for posting your complaint.
  • Some complaint websites are run by the Federal Government–such as those of the Transportation Safety Administration (TSA), the Federal Aviation Association (FAA) and the Federal Trade Commission (FTC).
  • Some are run by individual states–such as the Office of the California Attorney General.
  • The major airlines provide “file a complaint” pages on their websites.

WARNING: What you say online can hurt youAccuse someone of criminal or shameful behavior, and you can be sued for libel. Threaten someone with exposure or financial ruin and you can be privately sued and/or criminally prosecuted for extortion.

And once you click on the “Send” button, there’s no recalling your email.

KGB AIRWAYS: PART FIVE (OF EIGHT)

In Bureaucracy, Business, Law, Self-Help on December 11, 2013 at 12:40 am

Have a complaint against an airline–but don’t want to waste your time with low-level Customer Service reps?

Good.  You’ve just learned what is probably the single most important lesson in bureaucracy-busting: If you want action, seek out those who are empowered to make it happen.

So take your complaint to someone who has the authority to resolve it. This means, preferably, the CEO of the airline, or at least one of his executive colleagues.

But who are these people? And how do you track them down?

You start by realizing that every major airline has a website. And that website can usually be counted on to list the top honchos of the company.

Even if it doesn’t, you can usually obtain this information on the Internet. Go to “google” and type: “[Name of airline] board of directors.”

This should arm you with

  • the name of the CEO;
  • the company’s mailing address;
  • its phone number for reaching its top executives; and
  • its website and/or email address.

Below are listed

  • the names of the CEOs of the major United States airlines
  • their mailing addresses
  • their corporate phone numbers and (where given)
  • their email addresses.

But the corporate world is filled with men (and a few women) who are highly skilled at moving up–by moving others out.  So keep in mind that the names provided below will not be permanent.

Check out the appropriate websites to obtain the latest information before writing that letter and/or making that call.

Send out a letter addressed “To Whom It May Concern” and you’ll instantly be branded as a lightweight.   This only shows that you were too lazy/stupid to find out who holds power in the organization.

Whereas a well-written letter addressed to the key decision maker will instantly warn top executives: “Take this person seriously.”

Now, the airlines:

DELTA AIRLINES

Richard H. Anderson – Chief Executive Officer of Delta since September 1, 2007.

Edward H. Bastian – President of Delta since September 1, 2007.

Email:  Email us
Phone: (404) 715-2600
Mail:
Delta Air Lines, Inc.
P.O. Box 20706
Atlanta, Georgia 30320-6001

Click here: Delta Airlines Board of Directors

AMERICAN AIRLINES

Thomas W. Horton – Chairman, President and Chief Executive Officer, AMR Corporation / American Airlines, Inc., Fort Worth, Texas.

John W. Bachmann – Senior Partner, Edward Jones, St. Louis, Missouri.

Mail:
P.O. Box 619616
DFW Airport, TX   75261-9616

Phone: (817) 963-1234

Click here: American Airlines Board of Directors

UNITED AIRLINES

Glenn F. Tilton – non-executive chairman of the board of directors of United Continental Holdings, Inc.

Jeffery A. Smisek – President and Chief Executive Officer, United Continental Holdings, Inc.

Oscar Munoz – Executive Vice President and Chief Financial Officer, CSX Corporation

Shareholders and other interested parties may contact the United Continental Holdings, Inc. Board of Directors as a whole, or any individual member, by one of the following means:

  1. writing to the Board of Directors, United Continental Holdings, Inc., c/o the Corporate Secretary’s Office, HDQLD, 77 W. Wacker Drive, Chicago, IL 60601; or
  2. by emailing the Board of Directors at UALBoard@united.com

If neither of these methods seems to work, try these:

Mail:
P.O. Box 66100
Chicago, IL 60666

Phone (general): (800) (800) 864-8331

Phone Investor Relations: (312) 997-8610

United Continental Holdings, Inc. – Investor Relations – Board of Directors

JETBLUE AIRWAYS

Joel C. Peterson – Independent Chairman of the Board of Jetblue Airways Corporation.

David Barger – President, Chief Executive Officer, Director of JetBlue Airways Corporation.

Mark D. Powers – Chief Financial Officer, Executive Vice President, Treasurer of JetBlue Airways Corporation.

JetBlue Airways Corporation Corporate Office | Headquarters
118-29 Queens Blvd.
Forest Hills, NY 11375
Phone:  (718) 286-7900
Toll Free: 800) 538-2583

http://www.jetblue.com

AIRTRAN

AirTran Airways is a wholly-owned subsidiary of Southwest Airlines.  Thus, complaints against Airtran should be directed to the top executives of Southwest.

SOUTHWEST AIRLINES

David W. Biegler – Chairman and CEO

Douglas H. Brooks – Chairman of the Board, President and Chief Executive Officer
Southwest Airlines Corporate Headquarters
Physical Address:
2702 Love Field Drive Dallas, Texas 75235
Mailing Address:
P.O. Box 36611 Dallas, Texas 75235
Telephone: (214) 792-4000 (Main Switchboard)

Click here: Southwest Airlines Investor Relations – Board of Directors

US AIRWAYS

W. Douglas Parker – Chairman of the Board, CEO

Bruce Lakefield – Vice Chairman of the Board, President, CEO

Derek Kerr – Chief Financial Officer, Executive Vice President

Corporate Contact Information:

Mailing address: US Airways 4000 E. Sky Harbor Blvd. Phoenix, AZ 85034 Corporate headquarters: 111 W. Rio Salado Parkway Tempe, AZ 85281 Phone: (480) 693-0800 7 AM – 5 PM Monday – Friday

Daniel E. Cravens
Director
Investor Relations
US Airways
111 West Rio Salado Parkway
Tempe, AZ 85281

Phone: 480.693.1227

E-mail: Click here: US Airways | Compliments/complaints

Click here: US Airways | Investor relations

Click here: US AIRWAYS GROUP INC (LCC:New York): Board of Directors – Businessweek

ALASKA AIRLINES

William S. Ayer – Chairman

Bradley D. Tilden – President and CEO

Brandon Pederson – Chief Financial Officer

Corporate Offices:

P.O. Box 68900
Seattle, WA   98168

Phone: (206-433-3200

Click here: Executive Leadership – Alaska Airlines

CONTINENTAL AIRLINES

In 2010, Continental Airlines merged with United Airlines.  Direct all inquiries and complaints to United Airlines, whose corporate information is given above.

KGO AIRWAYS: PART FOUR (OF EIGHT)

In Bureaucracy, Business, Law, Self-Help on December 10, 2013 at 12:44 am

The concept of “consumer rights” has not yet reached the airline industry.

Under Federal law, as enforced by the Federal Aviation Administration, airline passengers have only the following guaranteed rights:

If your flight is delayed (such as by bad weather) and you’re stuck on the tarnac:

  • Tarnac delays cannot exceed three hours. You can leave the plane if you choose after that.
  • Food and water must be available after the plane has been stuck on the tarnac for two hours.
  • The airline must service toilets, keep air conditioning on, and keep trash cans clean.

In addition, the U.S. government mandates these “rights” for air travelers:

  1. Compensation when you’re bumped due to overbooking –and for no other reason.
  2. An airline must accept lost/damaged baggage liability up to $3,000 in depreciated value per passenger for a domestic flight (limits on international flights are either about $1,700 or $635, depending on which rule applies).

Beyond those, all you can claim is what’s in each airline’s “contract of carriage.” Those contracts are–naturally–heavily biased toward airlines, not customers.

Given that the law–and the Congressmen who create it–is still largely owned by the airlines, you, as a customer, are forced to make do with the weapons at hand.

These essentially boil down to two:

  1. Threatening the airlines with bad publicity; and
  2. Threatening the airlines with a private or class-action lawsuit.

In both cases, it’s best to first contact the highest-ranking officials in the airline company.

There are two reasons for this:

  1. They have the most to lose, and
  2. They have the power to redress your complaint.

You can try to reach the CEO or one of his assistants during the time of the incident.  But, most likely, this will happen afterwards.

If a mini-Hitler of an airline steward decides to eject you because s/he doesn’t like your clothes or request for help, there’s nothing you can do about it.

If you physically resist, you will almost certainly be arrested and charged with some version of domestic terrorism.  You’ll be shipped off to jail and forced to defend yourself against the bogus charge.

Even if the authorities decide to not prosecute, you’ll have to spend at least several hundred dollars on legal representation.

And, of course, the airlines won’t care.  They won’t be spending a dime on your prosecution–that will be paid for by the local U.S. Attorney’s (federal prosecutor’s) office.

Niccolo Machiavelli, the father of political science, wisely advised in The Prince:

A prince…must imitate the fox and the lion, for the lion cannot protect himself from traps, and the fox cannot defend himself from wolves. 

“One must therefore be a fox to avoid traps, and a lion to frighten wolves.”

This is definitely the time to take on the trappings of a fox.  However painful it is to swallow the insult at the time it’s given, don’t give the airlines an excuse to have you arrested.

Take your revenge afterward.  That’s what musician Dave Carroll did.

Carroll alleged that, in 2008, he and fellow passengers saw United Airlines’ baggage-handling crew throwing guitars on the tarmac in Chicago O’Hare.

He arrived at Omaha, Nebraska, his destination to discover that the neck of his $3,500 Taylor guitar had been broken.

Carroll complained to three United employees, but they proved indifferent.  He filed a claim with the airline–but was told he was ineligible for compensation.

The reason?  He had not filed the claim within the company’s stipulated “standard 24-hour timeframe.”

Carroll turned to his musical roots for a remedy.  He wrote a song, “United Breaks Guitars,” and turned it into a music video which he posted on YouTube and iTunes in July, 2009.

Click here: United Breaks Guitars – YouTube

The song went viral, and became a public relations nightmare for the airline.

The Sunday Times reported that, four days after the video’s posting, United Airlines’ stock price fell 10% costing stockholders about $180 million in value.

Most customers, admittedly, aren’t musicians.  For them–short of suing–the weapons of choice will be:

  • The phone
  • Letters
  • The Internet
  • Consumer protection organizations that can be enlisted

Let’s start with the first: The phone.

Most customers assume the place to take their anger is the airline Customer Service desk.  And the airlines encourage people to do just that.

Don’t do it.

Customer Service is staffed by people who may ooze compassion but who aren’t authorized to do anything on your behalf.

And of course they’ll be well-versed in the standard airline excuses for why your request is denied.

(Think of Dave Carroll and the excuse United’s reps offered him: You didn’t file your claim within 24 hours.)

Even if they truly want to help you, they’ll find themselves outranked at every level.

So take your complaint to someone who has the authority to resolve it.  This means, preferably, the CEO of the airline, or at least one of his executive colleagues.

KGB AIRWAYS: PART THREE (OF EIGHT)

In Bureaucracy, Business, Law, Self-Help on December 9, 2013 at 12:30 am

When Leisha Hailey and her girlfriend kissed aboard a Southwest Airlines flight to Los Angeles, they quickly found themselves in trouble.

Leisha Hailey

A flight attendant told them that Southwest was “a family airline.” When they argued they were targets of homophobia, the attendant ejected them from the plane.

Hailey–the star of Showtime’s The L-Word (and a lesbian)–posted her experience on Twitter.  Calling for a boycot of Southwest, she tweeted:

“I want to know what Southwest Airlines considers as ‘family.’ I know plenty of wonderful same-sex families I would like to introduce them to. Boycott @SouthwestAir if you are gay. They don’t like us.”

Naturally, Southwest had its own explanation for what had happened:

“…We received several passenger complaints characterizing the behavior as excessive. Our crew, responsible for the comfort of all Customers on board, approached the passengers based solely on behavior and not gender. The conversation escalated to a level that was better resolved on the ground, as opposed to in flight.”

In short, the situation was “better resolved on the ground” by forcing two unarmed, non-threatening women to leave the plane rather than having the airline honor their high-priced tickets.

Now, a quick question: When does a camera become a dangerous weapon?

When you snap a picture of an especially rude airline employee.

  • A  Miami photographer was escorted off a US Airways plane and deemed a “security risk” after she did this at Philadelphia International Airport in July, 2011.

Sandy DeWitt believed the employee, Tonialla G., was being rude to several passengers in the boarding area of the flight to Miami.

So DeWitt, a professional photographer, used her iPhone to snap a picture of G.’s nametag.  She intended to file a complaint with US Airways and wanted the picture as evidence.

As DeWitt settled into her seat, preparing for take-off, G. entered the plane and confronted her.

She ordered DeWitt to delete the photo.

DeWitt had already turned off her iPhone, as required before take-off.  She turned the phone back on to prove that the photo hadn’t come out.  Even so, she deleted the too-dark picture.

G. then walked into the cockpit to inform the pilot that DeWitt was a “security risk.”

Suddenly, DeWitt found herself being escorted off the plane by two flight attendants.  Her husband followed.

Speaking with Michael Lofton, a US Airways manager at Philadelphia International Airport, she learned that she would not be allowed back on the plane.

The reason:  She was a “security risk.”

But that didn’t keep Lofton from directing her to American Airlines for a flight back to Miami.

But that flight had already departed and it was already after 7 p.m.  And there were no other flights back to Miami until the following morning.

“We were expecting to spend the night at the airport,” she said.

They eventually boarded a Southwest Airlines flight to Fort Lauderdale at 11 p.m.

Apparently, Southwest didn’t consider her to be a “security risk.”

Naturally, US Airways had a cover-story to explain what had happened.

Todd Lehmacher, a spokesman for US Airways, told msnbc.com that DeWitt was removed for being “disruptive.”

“Once onboard, she was using foul and explicit language,” Lehmacher said. “She was removed at the request of the captain.”

Apparently, “disruptive” means whatever an airline official claims it to mean.

Business Insider ranked US Airways sixth in a list of the 19 Most Hated Companies in America.

The American Customer Satisfaction Index (ACSI) is an economic indicator that measures the satisfaction of consumers across the United States. It is produced by the American Customer Satisfaction Index, a private company based in Ann Arbor, Michigan.

The ACSI interviews about 80,000 Americans annually and asks about their satisfaction with the goods and services they have consumed. And Americans’ most-hated companies include large banks, airlines, power and telecom companies.

David VanAmburg, managing director at ACSI, offered a critical insight into why these companies are so detested.

“These are not terribly competitive industries, as the switching barriers for most of them are quite high,” he told Business Insider in June, 2011.

“In other industries, like the food or clothing sector, the competition is huge. They bend over backwards to make customers happy, because they have to.”

That certainly applies to airlines–whose numbers are limited and continue to shrink due to mergers and the rising cost of fuel.

For the airline industry generally, the former slogan of United Airlines–”Fly the Friendly Skies”–has unofficially been replaced with: “We don’t care. We don’t have to.”

So–when you’re facing a would-be KGB agent masquerading as an airline employee, what do you do?

First, you recognize that the concept of “consumer rights” has not yet reached the airline industry.

Then you do what you can to see that it does.

KGB AIRWAYS: PART TWO (OF EIGHT)

In Bureaucracy, Business, Law, Self-Help on December 6, 2013 at 12:00 am

The First Amendment of the American Constitution guarantees freedom of speech.

But some airline employees haven’t gotten the word.

Click here: 3 Easy Ways to Tell If a Business Puts Its Customers First – DailyFinance

Yes, what you say can get you thrown off an airplane–or worse.  And it doesn’t have to be anything even remotely like a threat.

  • In May, 2011, a US Airways flight was due to depart San Francisco International Airport for Charlotte, North Carolina at 1:20 p.m. But due to bad weather, passengers boarded the plane after 2 p.m.

Once on the plane, a flight attendant told customers over the intercom to hurry up and put their carry-ons in bins so they could take off and make their connecting flight in Charlotte.

One of the passengers, Luke Hazlewood, turned to the person next to him and said it was the airline’s fault they were late, “so don’t get mad at us.”

The flight attendant rushed out of the galley demanding to know who had said that. Once she determined it was Hazlewood, she told him he would have to leave for being disruptive and a threat to the plane.

Sandra Kraus, a former flight attendant, came to Hazlewood’s defense–and the flight attendant told her to get off the plane as well.

Both passengers asked to speak with the captain but he refused to speak with them.

Kraus was put on another flight.  Hazlewood and his accompanying girlfriend (who had left the plane with him) found that US Airways wouldn’t compensate them for a hotel room.

The airline refused to answer questions about the matter. Its written statement said “The passengers interfered with the flight crew and in the interest of safety they had to be removed.”

It’s a truism in both journalism and police work: When people refuse to answer questions, it’s nearly always because they know they have something to hide.

And the airline’s response came in the classic voice of the all-powerful dictator: “They refused to treat me like God and so they had to be eliminated.”

Business Insider ranked US Airways #6 on a list of Click here: The 19 Most Hated Companies In America – Business Insider

  • In December, 2011, three middle-aged women were thrown off an AirTran flight at Palm Beach International Airport after a steward began roughly handling the luggage of one of them.

Marilyn Miller, a lawyer, was buckled in for takeoff when the attendant mishandled her overhead luggage.  “I have breakables in that,” she said.

The attendant ignored her and kept shoving other bags into hers.

Another passenger, Carol Gray, a retired travel agent, asked the same attendant for help, saying that her seat was broken.

“I’m not talking to you,” said the attendant, and poked her in the arm.  He then threatened to throw Miller and Gray off the plane.

“You’ve got to be kidding me,” said Miller.

“Well, you’re getting off,” said the attendant.

Two sheriff’s deputies and airline staff arrived to remove them.

A third passenger, a therapist named Karyn Schoor, spoke up in their defense: “This is crazy, they didn’t do anything.  Why are you doing this to them?”

“Throw her off too,”’ ordered the attendant.

All three women were marched off the plane and back into the terminal.

The women were offered flights on other airlines paid for by AirTran.

And the official explanation given by AirTran?

“Our employees are responsible for the safety and comfort of everyone onboard a flight. Our goal is always to mitigate any uncomfortable situation prior to departure.”

Uncomfortable for whom–the passenger who doesn’t want her luggage roughly treated?  Or the attendant whose ego gets bent out of shape at the slightest objection?

  • In July, 2010, Southwest Airlines removed a slender, five-foot-four woman from a plane to accomodate an obese passenger.

The woman was flying standby from Las Vegas to Sacramento.  She had paid full fare for the last available seat, boarded and stowed her bags–and was told she must deplane immediately.

The reason: A late-arriving, 14-year-old passenger required two seats because of her girth.

When the woman asked Southwest personnel why she was being removed her from the flight, they berated her for daring to question their decision.

The temporarily stranded passenger managed to catch the next flight out to Sacramento.

  • You don’t have to assault someone to be thrown off an airplane. Even kissing your partner will do.

Southwest Airlines kicked Leisha Hailey–who not only plays a lesbian in Showtime’s The L-Word series but is one–and her girlfriend off a flight to Los Angeles.

Their crime?  Kissing.

A flight attendant told them that Southwest was “a family airline.” When they argued they were targets of homophobia, the attendant ejected them from the plane.

KGB AIRWAYS: PART ONE (OF EIGHT)

In Bureaucracy, Business, Law, Self-Help on December 5, 2013 at 12:31 am

With Christmas fast approaching, tens of thousands of Americans will be traveling across the country to visit with loved ones.

And many of them will become the victims of KGB Airways.

In truth, many airline personnel treat passengers the way KGB agents once treated Soviet citizens–with the arrogance that comes from holding near-absolute power over the lives of others.

Consider the following:

  • From the website of American Airlines:

ESSENTIAL NEEDS DURING EXTRAORDINARY DELAYS

In the case of extraordinary events that result in very lengthy onboard delays, American will make every reasonable effort to ensure that essential needs of food (snack bar such as Nutri-Grain®), water, restroom facilities, and basic medical assistance are met.

We are not responsible for any special, incidental or consequential damages if we do not meet this commitment.

Translation:  On one hand, American promises that it will try to ensure that “essential needs of food, water, restroom facilities and basic medical assistance are met” during “very lengthy onboard delays.”  On the other hand, if they “do not meet this commitment,” that’s just the passengers’ tough luck.

ACCEPTANCE OF PASSENGERS

American may refuse to transport you, or may remove you from your flight at any point, for one or several reasons, including but not limited to the following:

  1. Compliance with government requisition of space.
  2. Action necessary or advisable due to weather, or other conditions beyond American’s control.
  3. Refusal to permit a search of person or property for explosives or for deadly, controlled, or dangerous weapons, articles or substances.
  4. Refusal to produce positive identification upon request.
  5. Your physical or mental condition is such that in American’s sole opinion, you are rendered or likely to be rendered incapable of comprehending or complying with safety instructions without the assistance of an attendant.
  6. Your conduct is disorderly, abusive or violent, or you
    1. Appear to be intoxicated or under the influence of drugs,
    2. Attempt to interfere with any member of the flight crew,
    3. Have a communicable disease that has been determined by a federal public health authority to be transmissible to other persons in the normal course of flight,
    4. Refuse to obey instructions from any flight crew member,
    5. Have an offensive odor not caused by a disability or illness,
    6. Are clothed in a manner that would cause discomfort or offense to other passengers,
    7. Are barefoot, or
    8. Engage in any action, voluntary or involuntary, that might jeopardize the safety of the aircraft or any of its occupants.

Translation: “American may refuse to transport you, or may remove you from your flight at any point” for just about any reason it wants to give.

DELAYS, CANCELLATIONS AND DIVERSIONS

American Airlines will provide customers at the airport and onboard an affected aircraft with timely and frequent updates regarding known delays, cancellations and diversions and will strive to provide the best available information concerning the duration of delays and to the extent available, the flight’s anticipated departure time.

We are not responsible for any special, incidental or consequential damages if we do not meet this commitment.

Translation: On one hand, American promises to give customers “timely and frequent updates regarding known delays, cancellations and diversions.”  On the other hand, American absolves itself from any damages “if we do not meet this commitment.”

And how does all this translate into action?

  • In late March, a woman was barred from boarding an American Airlines flight because its staff disliked her choice of clothing.  She was wearing a T-shirt bearing the words: “IF I WANTED THE GOVERNMENT IN MY WOMB, I’D F— A SENATOR.”

After taking a seat she was told by a flight attendant that she needed to speak with the captain, who found the T-shirt “offensive.”  He said she would have to change before she could re-board the plane.

The passenger claims this interaction caused her to miss her connection: Her luggage was checked and “changing shirts without spending money wasn’t an option.”

Business Insider ranked American Airlines 8th on a list of The 19 Most Hated Companies In America.

  • In July, 2011, Malinda Knowles, a 27-year-old financial consultant, was kicked off a JetBlue flight at JFK Airport in New York because of her attire–a baggy blue T-shirt and denim shorts.

A male JetBlue employee walking down the aisle noticed Knowles.  He told her he didn’t think she was wearing enough clothing.  An argument erupted when the employee put his walkie-talkie between her legs to see if she was wearing shorts underneath. When Knowles objected, the JetBlue worker brought her off the plane and to a hangar.

There she modeled for the employees, showing that she was wearing shorts.  She returned to the plane, but the same employee once again approached her and said:  “The captain is refusing to fly you today. We need to remove you from the flight.”

After waiting four hours for another flight, she arrived in Florida.  Apparently the crew of that plane didn’t have any problem with her attire.

Knowles has since filed a lawsuit against JetBlue.

MACHIAVELLI SAW IT COMING

In Bureaucracy, History, Law, Politics on November 25, 2013 at 12:30 am

All the warning signs were there in The Prince for anyone to read.

Especially President Barack Obama.

And either he skipped those chapters or he ignored their timeless advice for political leaders.

The chapter he should have started with was 6: “Of New Dominions Which Have Been Acquired By One’s Own Arms and Ability.”

Niccolo Machiavelli

Early in his first term as President, Obama decided to reform the American healthcare system.  Before taking any such action, he should have carefully considered the following:

…There is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle, than to initiate a new order of things. 

For the reformer has enemies in all those who profit by the old order, and only lukewarm defenders in all those who would profit by the new order, this lukewarmness arising partly from fear of their adversaries, who have the laws in their favor, and partly from the incredulity of mankind, who do not truly believe in anything new until they have had actual experience of it.

Another chapter he should have consulted was 19: “That We Must Avoid Being Despised and Hated.”

For openers, Niccolo Machiavelli writes:

…The prince must…avoid those things which will make him hated or despised.  And whenever he succeeds in this, he will have done his part, and will find no danger in other vices….

He is rendered despicable by being thought changeable, frivolous, effeminate, timid and irresolute—which a prince must guard against as a rock of danger…. 

[He] must contrive that his actions show grandeur, spirit, gravity and fortitude.  As to the government of his subjects, let his sentence be irrevocable, and let him adhere to his decisions so that no one may think of deceiving or cozening him.

The prince who creates such an opinion of himself gets a great reputation, and it is very difficult to conspire against one who has a great reputation.  [He] will not be easily attacked, so long as it is known that he is capable and reverenced by his subjects.

Obama started off well.  Americans had high expectations of him.

This was partly due to his being the first black elected President.  And it was partly due to the legacies of needless war and financial catastrophe left by his predecessor, George W. Bush.

Obama entered office intending to reform the American healthcare system, to make medical care available to all citizens, and not just the richest.

But that was not what the vast majority of Americans wanted him to concentrate his energies on. With the loss of 2.6 million jobs in 2008, Americans wanted Obama to find new ways to create jobs.

This was especially true for the 11.1 million unemployed, or those employed only part-time.

Jonathan Alter, who writes sympathetically about the President in The Center Holds: Obama and His Enemies, candidly states this.

But Obama chose to spend most of his first two years as President pushing the Affordable Care Act (ACA)–which soon became known as Obamacare–through Congress.

The results were:

  • Those desperately seeking employment felt the President didn’t care about them.
  • The reform effort became a lightning rod for conservate groups like the Tea Party.
  • In 2010, a massive right-wing turnout cost the Democrats the House of Representatives, and threatened Democratic control of the Senate.

Yet even worse was to come for the President.

Throughout his campaign to win support for the ACA, Obama had repeatedly promised that, under it:  “If you like your health insurance plan, you can keep your plan. Period.  If you like your doctor, you can keep your doctor.  Period.”

But, hidden in the 906 pages of the law, was a fatal catch for the President’s own credibility.

The law stated that those who already had medical insurance could keep their plans–so long as those plans met the requirements of the new healthcare law.

If their plans didn’t meet those requirements, they would have to obtain coverage that did.

It soon turned out that a great many Americans wanted to keep their current plan–even if it did not provide the fullest possible coverage.

Suddenly, the President found himself facing a PR nightmare: Charged and ridiculed as a liar.

Even Jon Stewart, who on “The Daily Show” had supported the implementation of “Obamacare,” ran footage of Obama’s “you can keep your doctor” promise.

Jon Stewart

The implication: You said we could keep our plan/doctor; since we can’t, you must be a liar.

As a result, the President now finds his reputation for integrity–long his greatest asset–shattered.

According to a CBS poll released on November 20, only 37% of Americans approve of Obama’s job performance, down from 46% in late October.  CBS called that rating “the lowest of his presidency.”

All of which takes us to the final warning offered by Machiavelli:

Whence it may be seen that hatred is gained as much by good works as by evil….

JFK’S LEGACY 50 YEARS LATER: PART TEN (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 22, 2013 at 12:30 am

Fifty years ago this November 22, two bullets slammed into the neck and head of President John Fitzgerald Kennedy. It has been said that he left his country with three great legacies:

  • The Nuclear Test Ban Treaty;
  • The Apollo moon landing; and
  • The Vietnam war.

Of these, the following can be said with certainty:

  • The Test Ban Treaty has prevented atmosphereic testing–and poisoning–by almost all the world’s nuclear powers.
  • After reaching the moon–in 1969–Americans quickly lost interest in space and have today largely abandoned plans for manned exploration.
  • Under Presidents Lyndon Johnson and Richard Nixon, 58,000 Americans died in Vietnam; 153,303 were wounded; and billions of dollars were squandered in a hopeless effort to intervene in what was essentially a Vietnamese civil war.  From 1965 to 1972, the war angrily divided Americas as had no event since the Civil War.

But there was a fourth legacy–and perhaps the most important of all: The belief that mankind could overcome its greatest challenges through rationality and perseverance.

 White House painting of JFK

At American University on June 10, 1963, Kennedy called upon his fellow Americans to re-examine the events and attitudes that had led to the Cold War. And he declared that the search for peace was by no means absurd:

“Our problems are man-made; therefore, they can be solved by man.  And man can be as big as he wants. No problem of human destiny is beyond human beings.

“Man’s reason and spirit have often solved the seemingly unsolvable, and we believe they can do it again.”

Today, politicians from both parties cannot agree on solutions to even the most vital national problems.

On November 21, 2011,  the 12 members of the “Super-Committee” of Congress, tasked with finding $1.2 trillion in cuts in government spending, threw up their hands in defeat.

President Kennedy speed-read several newspapers every morning. He nourished personal relationships with the press-–and not for entirely altruistic reasons.  These journalistic relationships gave Kennedy additional sources of information and perspectives on national and international issues.

In 2012, Republican Presidential candidates celebrated their ignorance of both.

Former Godfather’s Pizza CEO Herman Cain famously said, “We need a leader, not a reader.”  Thus he excused his ignorance of the reasons for President Barack Obama’s intervention in Libya.

Texas Governor Rick Perry showed similar pride in not knowing there are nine judges on the United States Supreme Court:

“Well, obviously, I know there are nine Supreme Court judges. I don’t know how eight came out my mouth. But the, uh, the fact is, I can tell you–I don’t have memorized all of those Supreme Ccourt judges. And, uh, ah–

“Here’s what I do know. That when I put an individual on the Supreme Court, just like I done in Texas, ah, we got nine Supreme Court justices in Texas, ah, they will be strict constructionists….”

In short, it’s the media’s fault if they ask you a question and your answer reveals your own ignorance, stupidity or criminality.

During the height of the Cuban Missile Crisis, Kennedy spoke with aides about a book he had just finished: Barbara Tuchman’s The Guns of August, on the events leading to World War 1.

He said that the book’s most important revelation was how European leaders had blindly rushed into war, without thought to the possible consequences. Kennedy told his aides he did not intend to make the same mistake-–that, having read his history, he was determined to learn from it.

Contrast that with today’s woeful historical ignorance among Republican Presidential candidates-–and those who aspire to be.

Consider Sarah Palin’s rewriting of history via “The Midnight Ride of Paul Revere”: “He warned the British that they weren’t going to be taking away our arms by ringing those bells and, um, making sure as he’s riding his horse through town to send those warning shots and bells that, uh, we were going to be secure and we were going to be free.”

In fact, Revere wasn’t warning the British about anything.  Instead, he was warning his fellow Americans about an impending British attack–as his celebrated catchphrase “The British are coming!” made clear.

Republicans have attacked President Obama for his Harvard education and articulate use of language. Among their taunts: “Hitler also gave good speeches.”

And they resent his having earned most of his income as a writer of two books: Dreams From My Father and The Audacity of Hope.  As if being a writer is somehow subversive.

When knowledge and literacy are attacked as “highfalutin’” arrogance, and ignorance and incoherence are embraced as sincerity, national decline lies just around the corner.

In retrospect, the funeral for President Kennedy marked the death of more than a rational and optimistic human being.

It marked the death of Americans’ pride in choosing reasoning and educated citizens for their leaders.

The Eternal Flame at the grave of President John F. Kennedy

JFK’S LEGACY 50 YEARS LATER: PART NINE (OF TEN)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 21, 2013 at 12:16 am

Elected to the House of Representatives in 1946, John F. Kennedy served six undistinguished years before being elected U.S. Senator from Massachussetts in 1952.

In 1956, his eloquence and political skill almost won him the Vice Presidential nomination at the Democratic National Convention.  But the nominee, Adlai Stevenson, chose Tennessee Senator Estes Kefauver as his running mate.

Fortunately for Kennedy.

President Dwight D. Eisenhower, running for re-election, easily beat Stevenson.

Had Kennedy been on the ticket, his Catholic religion would have been blamed for the loss–and almost certainly prevented him from getting the Presidential nomination in 1960.

In 1957, his book, Profiles in Courage won the Pulitzer Prize for history.

From 1957 to 1960, Kennedy laid plans for a successful Presidential race.  Many voters thought him too young and inexperienced for such high office.

But he used his TV debates with then-Vice President Richard Nixon to calm such fears, transforming himself overnight into a serious contender.

Many Americans identified with Kennedy as they had with film stars.  In contrast with normally drab politicians, he seemed exciting and glamorous.

Since 1960, for millions of Americans, mere competence in a President isn’t enough; he should be charming and movie-star handsome as well.

John F. Kennedy after taking a swim at Santa Monica Beach, 1960

But charismatic politicians face the danger of waning enthusiasm.

Many people were growing disillusioned with Kennedy before he died.  He had raised hopes that couldn’t be met–especially among blacks.

And many whites bitterly opposed his support of integration, believing that Kennedy was “moving too fast” in changing race relations.

Still, for millions of Americans, Kennedy represented a time of change.

“Let’s get this country moving again” had been his campaign slogan in 1960.  He had demanded an end to the non-existent “missile gap” between the United States and Soviet Union.

And he had said that America should create full employment and re-evaluate its policies toward Africa, Latin America and Asia.

His youth, the grace and beauty of his wife and the oft-reported antics of his two young children–Caroline and John–added to the atmosphere that change was on the way.

But Kennedy was not so committed to change as many believed.

  • As a Senator he had strongly opposed abolishing the Electoral College.
  • He had made no outcry against the Red-baiting tactics of Senator Joseph R. McCarthy, a frequent dinner guest at the home of his father.
  • As President, Kennedy never forgot that he had been elected by a margin of 112,881 votes.  He often rationalized his refusal to tackle controversial issues by saying: “We’ll do it after I’m re-elected.  So we’d better make damn sure I am re-elected.”
  • He thought it absurd for the United States to refuse to recognize “Red”China, but didn’t try to change American foreign policy in that area.

Nevertheless, many historians believe that. by vocally supporting civil rights and healthcare for the elderly, Kennedy laid the groundwork for Lyndon Johnson’s legislative victories.

Perhaps no aspect of Kennedy’s Presidency has received closer study than his assassination.

Hundreds of books and thousands of articles have hotly debated whether he was murdered by a lone “nut” or a deadly conspiracy of powerful men.

JFK’s assassination: The moment of impact

The murder has been the subject of two government investigations.  The first, by the Warren Commission in 1964, concluded that an embittered ex-Marine and Marxist, Lee Harvey Oswald, acted alone in killing Kennedy.

Similarly, the Commission determined that nightclub owner Jack Ruby had killed Oswald on impulse, and not as the result of a conspiracy.

Millions of disbelieving Americans rejected the Warren Report–and named their own villains:

  • The KGB;
  • The Mob;
  • Anti-Castro Cubans;
  • Vice President Lyndon B. Johnson;
  • Right-wing businessmen and/or military leaders;
  • Fidel Castro.

Each of these groups or persons had reason to hate Kennedy:

  • The KGB–for Kennedy’s humiliation of the Soviet Union during the Cuban Missile Crisis.
  • The Mob–in retaliation for the administration’s crackdown on organized crime.
  • Anti-Castro Cubans–for JFK’s refusal to commit American military forces to overthrowing Castro at the Bay of Pigs invasion.
  • Lyndon Johnson–lusting for power, he stood to gain the most from Kennedy’s elimination.
  • Right-wing businessmen and/or military leaders–for believing that Kennedy had “sold out” the country to the Soviet Union.
  • Fidel Castro–knowing the CIA was trying to assassinate or overthrow him, he had reason to respond in kind.

The second investigation, conducted in 1977-79 by the House Assassinstions Committee, determined that Oswald and a second, unknown sniper had fired at Kennedy.  (Oswald was deemed the assassin; the other man’s shot had missed.)

The Chief Counsel for the Committee, G. Robert Blakey, believed New Orleans Mafia boss Carlos Marcello organized the assassination, owing to his hatred of Robert Kennedy for his war on the crime syndicates.

Still, 50 years after JFK’s assassination, no court-admissible evidence has come forward to convict anyone other than Oswald for the murder.

The impact of Kennedy’s death on popular culture remains great.  Millions saw him as an American sccess story–a brilliant and courageous hero who had worked his way to the top.

But his sudden and violent end proved a shock for those who believed there was always a happy ending.

If so gifted–and protected–a man as John F. Kennedy could be so suddenly and brutally destroyed, no one else could depend on a secure future.

JFK’S LEGACY 50 YEARS LATER: PART EIGHT (OF TEN)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 20, 2013 at 12:05 am

Throughout his life, John F. Kennedy was lucky–both personally and politically.

Part of the secret lay in his physical presence.  He was young and handsome, witty and articulate.

He appeared zestful and athletic despite a series of ailments, including Addison’s disease (a malfunction of the adrenal glands) and an injured back that required the use of a brace.

His wit was sophisticated and often self-depcrecating.  Addressing an assembly of Nobel Prize winners at the White House, he said: “I think this is the most extraordinary collection of talent, of human knowledge, that has ever been gathered at the White House–with the possible exception of when Thomas Jefferson dined alone.”

JFK making a joke at a press conference

And his sense of humor often defused otherwise ticklish problems.  During the 1960 Presidential race, he was sharply criticized for relying on his millionaire father for much of his funding.  At a campaign rally, he deflected the charge with humor:

“I just received a telegram from my generous Daddy.  It says: ‘Dear Jack: Don’t buy one more vote than necessary.  I’ll be damned if I’m going to pay for a landslide.’”

Another controversey emerged when he named his brother, Robert, Attorney General.  Critics charged that the appointment smacked of neoptism–and that Robert didn’t have enough legal gravitas to be the nation’s chief law enforcement offer.

“I see nothing wrong in giving Robert a little experience before he goes out to practice law,” he said at a press conference.

His highly-polished rhetoric–produced by wordsmiths such as Theodore Sorensen–dazzled audiences.  His Inaugural Address was acclaimed by Democrats and even most Republicans.

Its signature line, “Ask not what your country can do for you, ask what you can do for your country” has become as famous as Abraham Lincoln’s “government of the people, by the people, for the people.”

His speeches often urged Americans to seek a higher cause than mere self-interest.  Speaking of the role of the arts in a nation’s life, he said:

“It may be different elsewhere, but [in] democratic society…the highest duty of the writer, the composer, the artist is to remain true to himself and to let the chips fall where they may.”

Memorial at the Arlington gravesite for John F. Kennedy

But he could be blunt and profane in private.

“My father always told me all businessmen were sonsofbitches, but I never believed it till now,” he said in private when the steel companies made an inflationary price increase in 1962.

Like Richard Nixon, Kennedy installed a secret taping system in the White House.  And, as with Nixon, this picked up many of his profanities.  Unlike Nixon, however, Kennedy died before his secret taping system was discovered.

Kennedy impressed many journalists with his capacity for detail.

“He swallows and digests whole books in minutes.  His eye seizes instantly on the crucial point of a long memorandum.  He confounds experts with superior knowledge of their field,” wrote Games McGregor Burns in 1961.

Having briefly worked as a journalist (covering the opening of the United Nations Assembly in 1945) JFK understood and catered to the sensitivities of the Washington press corps.

Using charm, wit, candor and selective accessibility, he cultivated his own favored group of reporters. Critics charged that he was manipulating the media–and they were right.

Sometimes the manipulation was heavy-handed.  He pressured The New York Times to censor its coverage of actions he intended to take–such as during the Bay of Pigs and the Cuban Missile Crisis.

But he failed to coerce the Times into removing David Halberstam, its Vietnam correspondent, whose highly critical articles cast doubt on the effectiveness of the American military commitment to Vietnam.

A major part of Kennedy’s appeal lay in his glamorous background.  He was born–on May 29, 1917–into a large, robust family headed by wealthy and powerful financier Joseph P. Kennedy.

He attended Princeton and Harvard, graduating from the latter with top honors.

During World War II he became a Naval hero in 1943 after a Japanese destroyer sliced his PT boat in half–by towing an injured shipmate to safety.  Stranded on a South Pacific island, Kennedy persuaded a native to summon rescue help from the U.S. Navy.

Kennedy had no plans for a postwar political career.  That had been assigned to his elder brother, Joseph P. Kennedy, Jr., by their ambitious father, who was determined to seat the first Irish Catholic President.

After learning of his younger brother’s heroism, Joseph volunteered for a dangerous Naval bombing mission.  On August 12, 1944, he and a co-pilot flew an explosives-laden plane from England toward France.

While over the English Channel, they were supposed to parachute from the aircraft–after activating a remote control system to send the plane crashing into a German command center.

But the plane mysteriously exploded before the pilots could eject–and before the plane reached its target.

The death of his elder brother ended John F. Kennedy’s plans for a career as a writer.  Joseph Kennedy, Sr., insisted that “Jack” assume the political career that the Kennedy patriarch had assigned for his dead brother.