United, the unintentionally anti-music airline
As many of you know, earlier this year, I was booted off of a United Airlines flight, and after posting this tweet:
Outrage! United Airlines is anti-music: they kicked Greg + full-fare-ticketed cello off because it wasn't first class tckt
Jeremy Olshan of the New York Post ran this article: Musician ordered to fly cello first class and it literally went viral. I received calls from Inside Edition, CBS Evening News, the Omaha World Herald, WNYC Soundcheck, the Washington Post, and ultimately from Robert Bradford, the managing director of customer solutions at United Airlines. The NY Post article was reprinted all over the world, and United tried to tamp down the PR problem with this tweet:
"Cellos must fly in First">NOT a rule at UA unless cello likes the fruit
plate. We'll get facts, talk to customer, let u know. RT @Grund00n
This was a lie on their part, probably because the PR wing managing twitter did not check facts first. So, I posted this tweet with a crufty photograph I took with my iphone (also attached to this post) of United's instrument policy showing that they do in fact require cellos to be in first class on 757-200 and although it is cut off, the same policy applies on its 767 aircrafts. Also note that even on aircrafts where a cello is allowed in coach, like the A320, there are still only 2 seats in coach that the airline will allow a cello to fly.
It took United 1 day to call me directly on my cell phone number, which they got by calling the New York Post. Although Rob Bradford was very nice, and offered me $200 for the cello's ticket, I refused, instead asking that United simply publicly lead the industry in supporting a change of instrument policies that are ludicrous and anti-music, and he was very animated in his enthusiasm for this idea. Unfortunately, it was all a facade.
Another supervisor in customer relations at United, sent me this email in late August after a long series of exchanges:
Our Airport Operations management has advised me their policies are primarily dictated by our Engineering and Aircraft Interior team who make decisions on musical instrument stowage. After our inquiry they shared with me information received from the Engineering team. “Our standard is to place oversized musical instruments in seats that face a bulkhead to ensure we meet internal United and FAA requirements. Another requirement is that oversized instruments cannot be placed in exit rows. Unfortunately, on several aircraft types the bulkhead seats in Economy are also emergency exit rows. On these aircraft types there are no additional seats in Economy that meet the bulkhead and non-exit row requirements. The B757 domestic, B777 2-class, and B767 international aircraft types do not have locations for oversized instruments in the Economy cabin due to these reasons.” Mr. Beaver, aside from the integration team looking at both United’s and Continental’s policies there are no current plans to change aircraft configurations or policies.
Airlines are quick to point out that all cellists should simply call when booking a ticket to ensure that the instrument is placed in the correct seat. In practice, this does not work. Even when one calls ahead to book one of the two flight options on an A320, a significant number of flights are changed, as mine was in August, from an A320 to a 757 at the last minute. On that flight, the gate agent simply bumped the instrument to first class without charge rather than force me to wait. In addition, booking flights this way is often significantly more expensive, and most musicians who travel often with their cello rarely have a profit margin large enough to support the additional expense. Instead, we must be at the mercy of the gate agent, flight attendant and the pilot. All three have the power to veto a passenger boarding without appeal. Fun!
For those of you who are wondering what kind of crazy person would buy an extra seat for his or her cello, it's worth noting that some musicians have tried checking their instruments and a large number of them have these instruments destroyed. One wrote a song about it and posted it on youtube to the tune of 9 million hits (incidentally, according to wikipedia, Rob Bradford also called this guy. He must be the "United screwed a musician" custom relations specialist). The repair person I go to in New York told me that a significant portion of her business comes from musicians who have checked their instruments, many with repairs upwards of $20,000 each, and some instruments are destroyed beyond repair. A great cello is hard to find, I spent several years looking for mine, and it is 290ish years old. A significant part of my career is defined by the sound I make, which is in turn defined by the sound of my cello. So, like it or not, the cost of risking destruction of my cello far exceeds the cost of buying an airplane ticket every time my quartet travels.
What, you might be wondering, can we do to change this situation? First of all, if you are a traveling musician like me and have a horror story, please contact Hal Ponder, Director of Government Relations at AFM, hponder@afm.org (202) 463-0772 and tell him your stories, he is compiling them to begin the legislative push.
The musician's union also has a petition available at http://afm.org/departments/legislative-office/carrying-instruments-on-airplanes that you can sign to show support for a bill that the next Senate will be considering. However, the petition is vague on what is actually in the Senate bill, and what would change. In addition, airlines often tell me that their hands are tied by the FAA when I question why a 14 pound cello would be more dangerous than a 150 pound person. So, to fully understand this, I took it upon myself to do a little research into the laws of the United States. Disclaimer: I am not a lawyer.
The highest law of the land is the U.S. Code, this is what is amended when Congress passes legislation and the president signs it into law. In addition to this code, which is not fully specific, the FAA passes its own laws by fiat called FARs, or Federal Aviation Regulations. Then, each airline interprets these FARs and makes their own book of rules, and finally the flight attendants and pilots interpret their airline's rules to handle us individually.
The current regulations on the federal level with regards to cabin baggage are in FAR Part 121.285 and is pretty explicit: all baggage is the same, and must be in a bulkhead. This text has not changed since 1995. Currently, there is no law regarding cabin baggage, the FAR is the only thing defining what can and cannot go into an airplane seat. The Senate bill and its House equivalent (H.R. 915) would change this, inserting language directly into the U.S. Code with a new section, either 41724 or 41725 (this would have to be resolved in conference).
Now, the House bill passed last year, but the Senate bill stalled and will have to be considered this session. There is a very important difference between the two bills: the House bill leaves the status quo, letting each airline define the rules more specifically. The Senate bill contains language requested by the musician's union and based upon Delta airlines instrument policy. The differences between the bills are substantial:
- the Senate bill explicitly forbids extra charges for instruments in overhead bins, with extra seats, OR as a checked bag. Currently, air carriers have been known to charge up to $150 for checking a cello.
- the Senate bill requires instruments to be in a case, be strapped in with a seat belt, and has specific requirements that are taken verbatim from the FAR 121.285.
The Senate bill does not explicitly mention which seats instruments can go in, and that is an omission that can still be corrected. I have been in direct contact with the CEO of Chamber Music America, Margaret Lioi, and Paul Molloy at the AFM, who is the point person for this specific legislation, and neither had an answer about this question. So, the ultimate solution would be to amend the language to specifically say that an instrument can go in any window seat that does not violate the other provisions.
Until this happens, we will never be guaranteed the ability to fly to any event, and United will remain unintentionally anti-music in spite of its best efforts not to be.

