Continental's pilots undertook to demonstrate the absurdity of ALPA's campaign by turning in reports of violations on other ALPA-crewed airlines. Since April, Continental crews have turned in 111 such incidents, which have been forwarded to the FAA. Mr. Duffy makes the point in his testimony this morning about incidents increasing at an increasing rate. But you will see that what the statistics show is that using 30,000 pairs of eyes, Mr. Duffy has recently been turning in an average of 30 incidents a month on Continental Airlines. Using only 1,000 pairs of eyes, Continental has been turning in incidents on all the ALPA crews at a rate of 50 per month.

Continental has carefully examined the 35 allegations that ALPA has chosen to make public in newspaper advertisements. There's not an airline, including Continental, whose flight crews have not made mistakes. Each incident is a matter of concern to Continental. Just as such items have been throughout the carrier's 50-year history. However, nowhere near the number of incidents occurred that ALPA alleges, nor were they as serious as ALPA portrayed.

In furtherance of the subcommittee's inquiry into aviation safety management, Continental would pose three important public policy questions for consideration.

Are the harassment efforts of ALPA and the drain which they are placing on the FAA's resources leaving the FAA too short of people to devote to important safety subjects? I'm advised that the administrative workload per week, just the administrative workload, is now up to 400 manhours per week at the FAA from this ALPA effort.

Should federally licensed pilots who are found to deliberately interfere with civil aviation for purposes of promoting a strike have their FAA certificates permanently revoked? They hold the public trust. If they are endangering civil aviation, should they have the right to fly when they are doing it purposely to promote a strike? Should the air traffic controllers, who have historically been reluctant to turn in violators, be directed to be the cops of the sky? Really what's going here-ALPA is taking advantage of an age-old historical dispute within the FAA, whereby the controllers typically do not turn in violators, taking the view that they are facilitators, not cops of the sky.

Madam Chairperson, and members of the subcommittee, Continental would invite each and every one of you to visit us, announced or unannounced. We have a very fine technical organization, and it's certainly open to your inspection. If I may, I would like to take a few moments to just go through quickly a few of the allegations Mr. Duffy made this morning, and respond to those allegations, if I may.

Thank you, Madam Chairperson.

This is a photograph of the aircraft at LaGuardia which Mr. Duffy continued to refer to, and that picture includes the wrinkle in the skin. I don't know if you can see the wrinkle in the skin. I'll be glad to show it to you. The wrinkle goes right through the flag, and-certainly.

Mrs. COLLINS. I can't see.

Mr. ONSTAD. Now, the reason that was observable at LaGuardia at that particular time, there's a cab at LaGuardia where you can look down on the aircraft, and you get the sunlight coming out of the east, you can particularly see the wrinkle. But I'd like to let Mr. Adams respond in more detail to that particular incident, if I may, before continuing on with a number of these other items.

Mr. ADAMS. I think there are three questions that normally come, and certainly came-pardon me, can you not hear me? Thank you.

Three questions that certainly came to my mind when this occurred, and I'd like to answer them now.

The first was, why didn't the pilot report this as a hard landing? Second was why, even without that, why was the damage not observed? And three, was it an unsafe operation?

The answer to the first question is that the pilot did not consider it a hard landing, and just to say relative to that, because I challenged it. We have found out since then that in the test work that was done for the 727 airplane, a flight was made in Seattle, WA, with an experienced Boeing test pilot and an experienced FAA test pilot at the controls. They landed the airplane, did exactly the same damage to the fuselage, and were proceeding to take off again under the assumption that they had no problem and had done nothing to come up with damage, when the tower advised them of damage to the fuselage, and they pulled off.

Therefore, I say that the pilot did not believe that he had had a hard landing. As a result, there was not a request for a hard landing inspection, which would have found the damage. So given that, how did this airplane, nevertheless, fly for 3 days without this damage being noticed? The airplane went in and out of a number of airports with large amounts of activity. The airplane was observed by people on the ground, it was given normal maintenance checks. It was seen by other pilots in other cockpits at roughly the same height. It was seen by many people in terminal buildings at roughly the same height. No one saw this and reported it.

Finally, on the third day with the light just right, an American Airlines person in the cab that was at just the right angle reported this, and we removed the airplane from service.

We have obviously been concerned about whether or not the airplane was actually unsafe. The considered opinion on the part of our structural engineers and Boeing structural engineers is that the airplane was still safe for operation. Obviously, once we heard about it, we did change it, we did fix it. It was not flown under cover of night, and it was in a hangar that has no doors on it when it was repaired, so I don't see how we can be accused of hiding it in that way.

The crew, incidentally, in all of these accusations that are made, the common thread is that these people who are flying airplanes do not have any experience. This crew had 17 years, the captain had 17 years with the company. He is not an inexperienced pilot.

You'll find, incidentally, in all these that they've recited, the pilot times, or the captains run all the way from 11,000 to 25,000 hours. These are not inexperienced crews.

Mr. ONSTAD. There was an allegation this morning that I somehow got documents and leaked them to the press and others. You

will find by reading Mr. Marthinsen's correspondence, namely his letter to Mr. Pinto, which I presume he's given this committee, but I'd be glad to give copies to the committee. In there, he tells you exactly how I got the documents. I filed a Freedom of Information Act request. And that's how I got those documents, through normal, lawful public processes.

We've had numerous denials this morning of ALPA frequency jamming. Madam Chairperson brought up the document, which is an ALPA document with an ALPĂ, Air Line Pilots Association Manhattan logo on it, where they have the Continental frequencies listed. I also refer you to exhibit K of our documents, where ALPA has produced, in response to a court suit, the worksheet from their own headquarter's files, where these particular frequency materials were generated. Mr. Duffy tried to make light of the use of company frequencies for safety matters. I would only remind him of the crash of the United Airlines aircraft over Salt Lake City, approximately 4 or 5 years ago; when what they were doing, was they were on the company frequency to San Francisco trying to figure out how to get the landing gear down, when they dropped too low, and unfortunately when they were ordered to climb, they couldn't make it, and they ended up in the side of the mountain in Salt Lake City.

Mr. Adams can give you specific examples of ALPA members jamming air traffic control frequencies.

Mr. ADAMS. We have reported to the FAA 112 incidents where there has been misuse of frequencies involving Continental aircraft. It's very difficult to identify the specific airplane that's doing the jamming in most cases. It's merely a matter of the airplane involved depressing the switch on his microphone, and that interferes with any other conversation on that channel. You have a number of cases, however, where for example at Houston, and principally one airline that comes into Houston has been jamming our ground frequency there, and has inadvertently then used the frequency to ask for their gate assignment, and identify themselves, although it was very clear who they were.

We have a couple of other specific cases, where these have been identified with individual airlines very clearly, and all of this information has now been turned over to the FAA.

[Continental Airlines attachment dated June 21, 1984, 112 FCC violations follows:]

During the subcommittee hearings, reference was made to the 112 FCC
violations that were submitted to the Western Region FAA. Attached
for your information is a copy of that submission as it was not included
in our original package.

Sincerely,

-Bribidanur

R.M. Adams, Senior Vice President
Operating & Technical Services

RMA: jes

All wires must be TYPED. Formated orders/reports are limited to 69 characters per line.

TELEX or

VIA: (Refer to reverse side)

TWX

TO:

Firm

Honorable-Donald-Engen,-Administp9rble.

Federal Aviation Administration TELEX/TWX is not applicable or inoperative.

Wires will always be sent via TELEX/TWX when
Specify ALTERNATE method in the event

In response to your May 24 letter which I received yesterday, I want to express Continental Airline's full support of your position with regard to ALPA strike related interference with radio transmissions of Continental Airlines pilots. I am greatly concerned that you indicated that some CAL pilots may have reciprocated. We have no evidence whatsoever to indicate that this has occurred and would greatly appreciate your providing us with any information that you have that would permit us to investigate this further. For your information, we have previously instructed our pilots to maintain professionalism and not respond to the kind of activities that ALPA pilots have been engaging in and we will again remind our pilots of this firm company position.

Under separate cover, I am sending to the Western Pacific Regional Office indicating over 100 instances in which ALPA pilots have misused the official radio transmission facilities. I want to assure you that we are prepared to provide our full support to your efforts in this area and thank you for your expression of grave concern.