Narrative:

On departure out of burbank we were cleared to 13000 ft initially. We were given a westerly heading for traffic and also for gorman. We were also given an intermediate level off of 7000 ft for the same traffic. We received a TCASII TA followed by an RA. At the time we got the RA we also got visual contact and had to deviate 350 ft (opposite of RA) from our altitude to avoid the traffic. ATC (burbank departure control) said they never were able to communicate with the intruder aircraft. The intruder was VFR at 7500 ft and for whatever reason (either he saw us and started a maneuver or inadvertently descended) he descended through our altitude requiring us to deviate from our altitude in order to avoid a collision.

Google
 

Original NASA ASRS Text

Title: POTENTIAL CONFLICT OCCURS AS SMA PLT PERFORM DSCNT THROUGH OCCUPIED ALT AND FORCES ACR INTO AN ALTDEV ALT EXCURSION.

Narrative: ON DEP OUT OF BURBANK WE WERE CLRED TO 13000 FT INITIALLY. WE WERE GIVEN A WESTERLY HDG FOR TFC AND ALSO FOR GORMAN. WE WERE ALSO GIVEN AN INTERMEDIATE LEVEL OFF OF 7000 FT FOR THE SAME TFC. WE RECEIVED A TCASII TA FOLLOWED BY AN RA. AT THE TIME WE GOT THE RA WE ALSO GOT VISUAL CONTACT AND HAD TO DEVIATE 350 FT (OPPOSITE OF RA) FROM OUR ALT TO AVOID THE TFC. ATC (BURBANK DEP CTL) SAID THEY NEVER WERE ABLE TO COMMUNICATE WITH THE INTRUDER ACFT. THE INTRUDER WAS VFR AT 7500 FT AND FOR WHATEVER REASON (EITHER HE SAW US AND STARTED A MANEUVER OR INADVERTENTLY DSNDED) HE DSNDED THROUGH OUR ALT REQUIRING US TO DEVIATE FROM OUR ALT IN ORDER TO AVOID A COLLISION.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.