A-59829, FEBRUARY 5, 1935, 14 COMP. GEN. 594

A-59829: Feb 5, 1935

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WHICH SHOULD HAVE BEEN PAID AS OF JUNE 1. VARIOUS QUESTIONS HAVE ARISEN IN CONNECTION WITH THE RATES OF PAY PROPERLY APPLICABLE TO OUR FORCE OF CHAUFFEURS. WHICH IT IS DESIRED THAT YOU SUBMIT TO THE COMPTROLLER GENERAL WITH A VIEW TO OBTAINING HIS RULING THEREON. THE EXISTING SITUATION WITH RESPECT TO THE RATES OF PAY FOR THESE EMPLOYEES IS AS FOLLOWS: 2. ON THE BASIS OF THE CLASS OF WORK THAT WAS BEING PERFORMED. SOME TWO AND ONE-HALF YEARS AGO IT WAS DEEMED ADVANTAGEOUS TO SEGREGATE OUR FORCE OF CHAUFFEURS INTO TWO GROUPS. - MONTHLY RATES OF PAY WERE RETAINED FOR ALL CHAUFFEURS DRIVING TRUCKS ASSIGNED TO REGULAR RUNS. WHERE SUNDAY AND HOLIDAY SERVICE WAS REQUIRED. WHERE CHARGES FOR THE TRUCK SERVICE FURNISHED WERE MADE ON A MONTHLY BASIS.

A-59829, FEBRUARY 5, 1935, 14 COMP. GEN. 594

COMPENSATION - 40-HOUR WEEK - PANAMA CANAL THE PROVISIONS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ESTABLISHING THE 40-HOUR WEEK, DID NOT INTEND TO REESTABLISH ILLEGAL RATES OF COMPENSATION IN EFFECT AS OF JUNE 1, 1932. THE BASIS FOR ADJUSTING COMPENSATION OF CHAUFFEURS IN THE "POOL" SERVICE OF THE PANAMA CANAL ON A 40-HOUR-WEEK BASIS SHOULD NOT BE THE ILLEGAL MONTHLY RATES PAID JUNE 1, 1932, WHICH EXCEEDED BY MORE THAN 25 PERCENT SIMILAR RATES PAID IN THE CONTINENTAL UNITED STATES, IN CONTRAVENTION OF SECTION 4 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 569, BUT THE ADJUSTED HOURLY RATES ESTABLISHED JUNE 11, 1932, WHICH SHOULD HAVE BEEN PAID AS OF JUNE 1, 1932.

COMPTROLLER GENERAL MCCARL TO THE GOVERNOR OF THE PANAMA CANAL, FEBRUARY 5, 1935:

THERE HAS BEEN RECEIVED THROUGH THE CHIEF OF OFFICE, PANAMA CANAL, WASHINGTON, D.C., A COPY OF YOUR LETTER OF JANUARY 3, 1935, AS FOLLOWS:

1. VARIOUS QUESTIONS HAVE ARISEN IN CONNECTION WITH THE RATES OF PAY PROPERLY APPLICABLE TO OUR FORCE OF CHAUFFEURS, WHICH IT IS DESIRED THAT YOU SUBMIT TO THE COMPTROLLER GENERAL WITH A VIEW TO OBTAINING HIS RULING THEREON. THE EXISTING SITUATION WITH RESPECT TO THE RATES OF PAY FOR THESE EMPLOYEES IS AS FOLLOWS:

2. ON THE BASIS OF THE CLASS OF WORK THAT WAS BEING PERFORMED, SOME TWO AND ONE-HALF YEARS AGO IT WAS DEEMED ADVANTAGEOUS TO SEGREGATE OUR FORCE OF CHAUFFEURS INTO TWO GROUPS, NAMELY:

(A) EMPLOYEES COMPENSATED AT MONTHLY RATES OF PAY.--- MONTHLY RATES OF PAY WERE RETAINED FOR ALL CHAUFFEURS DRIVING TRUCKS ASSIGNED TO REGULAR RUNS, SUCH AS THOSE HANDLING DAILY DELIVERIES OF ICE, GASOLINE, COMMISSARY SUPPLIES, STOREHOUSE SUPPLIES, ETC., WHERE SUNDAY AND HOLIDAY SERVICE WAS REQUIRED, AND WHERE CHARGES FOR THE TRUCK SERVICE FURNISHED WERE MADE ON A MONTHLY BASIS; AND

(B) EMPLOYEES COMPENSATED AT HOURLY RATES OF PAY.--- HOURLY RATES OF PAY WERE ESTABLISHED FOR "POOL" CHAUFFEURS ASSIGNED TO CONSTRUCTION WORK WHERE SUNDAY AND HOLIDAY SERVICE ORDINARILY WAS NOT REQUIRED, AND WHERE CHARGES FOR THE TRUCK SERVICE SUPPLIED WERE MADE ON AN HOURLY BASIS IN CONFORMITY WITH THE ACTUAL HOURS OF SERVICE PERFORMED. FOR CHAUFFEURS EMPLOYED AT THE HOURLY RATE, COMPENSATION FOR OVERTIME WORK WAS PAID AT THE RATE OF TIME AND ONE-HALF.

3. BASIS OF MONTHLY RATES OF PAY.--- IN 1924, AFTER DATA HAD BEEN PROCURED COVERING WAGES AND WORKING CONDITIONS OF CHAUFFEURS IN VARIOUS GOVERNMENT ORGANIZATIONS IN THE UNITED STATES, UPON THE RECOMMENDATION OF THE PANAMA CANAL WAGE BOARD THE SALARIES PAID BY THE POST OFFICE DEPARTMENT AND BY THE NAVY YARDS WERE ADOPTED AS A BASIS FOR THE COMPUTATION OF PANAMA CANAL RATES FOR CHAUFFEURS. AS CHAUFFEURS IN THE POST OFFICE DEPARTMENT WERE COMPENSATED ON ANNUAL BASIS AND WORKED 306 DAYS EACH YEAR, THE ANNUAL RATES PAID BY THE POST OFFICE DEPARTMENT WERE DIVIDED BY 306 TO OBTAIN THE EQUIVALENT EARNINGS OF THE POST-OFFICE CHAUFFEURS ON A DAILY BASIS. THE RESULTING DAILY RATE WAS THEN DIVIDED BY EIGHT TO OBTAIN AN HOURLY RATE. IN THE NAVY YARDS THE AVERAGE OF THE HOURLY RATES PAID IN SIX YARDS WAS ADOPTED AS REPRESENTATIVE OF NAVY-YARD RATES OF PAY FOR CHAUFFEURS. FROM A COMBINATION OF THE POST-OFFICE AND NAVY-YARD RATES OF PAY FOR CHAUFFEURS, DEDUCED AS HEREINBEFORE STATED, A PANAMA CANAL HOURLY RATE FOR CHAUFFEURS WAS COMPUTED. THIS HOURLY RATE WAS THEN MULTIPLIED BY 224 (COVERING EIGHT HOURS' SERVICE DAILY FOR 28 DAYS EACH MONTH) TO OBTAIN A MONTHLY RATE OF COMPENSATION, AS THE PANAMA CANAL CHAUFFEURS TO WHOM THE MONTHLY RATE WAS APPLIED WERE WORKING ON AN AVERAGE OF TWO SUNDAYS AND/OR HOLIDAYS MONTHLY IN ADDITION TO THE USUAL SERVICE PERFORMED ON WEEK DAYS. THUS, WHILE AN HOURLY RATE OF PAY FOR CHAUFFEURS WAS COMPUTED SOME 10 YEARS AGO, ALL CHAUFFEURS IN THE PANAMA CANAL SERVICE WERE CARRIED AT MONTHLY RATES OF PAY UP UNTIL JUNE 11, 1932.

4. BASIS OF HOURLY RATES OF PAY.--- DURING THE MONTH OF MAY 1932, OWING TO THE EMPLOYMENT OF A CONSIDERABLE GROUP OF CHAUFFEURS ON NEW CONSTRUCTION WORK WHERE WORKING HOURS WERE IRREGULAR AND SUNDAY AND HOLIDAY SERVICE WAS NOT REQUIRED OF THE EMPLOYEES, IT WAS DECIDED TO CARRY THE CONSTRUCTION GROUP OF CHAUFFEURS AT HOURLY INSTEAD OF MONTHLY RATES OF PAY. A RECOMMENDATION FOR THE ESTABLISHMENT OF HOURLY RATES OF PAY FOR CHAUFFEURS WAS MADE BY THE FOREMAN OF MOTOR TRANSPORTATION ON MAY 16, 1932, BUT DUE TO THE MORE OR LESS INESCAPABLE ADMINISTRATIVE DELAY IN CONNECTION WITH THE CONSIDERATION AND ESTABLISHMENT OF THE PROPOSED HOURLY RATES OF PAY, SUCH HOURLY RATES WERE NOT OFFICIALLY APPROVED BY THE GOVERNOR AND PLACED INTO EFFECT UNTIL JUNE 11, 1932.

5. THE SCHEDULE OF HOURLY RATES APPROVED JUNE 11, 1932, WAS DERIVED FROM THE POST OFFICE DEPARTMENT RATES AND THE NAVY-YARD RATES OF PAY FOR CHAUFFEURS IN THE SAME MANNER AS THE MONTHLY RATES FOR CHAUFFEURS DESCRIBED ABOVE, AND THE RELATIONSHIP BETWEEN THE HOURLY AND MONTHLY RATES, AS OF JUNE 11, 1932, WAS THAT THE MONTHLY RATE WAS THE PRODUCT OF 224 TIMES (COVERING EIGHT HOURS' SERVICE DAILY FOR 28 DAYS) THE HOURLY RATE OF PAY.

6. ADJUSTMENT MADE IN HOURLY RATE OF PAY TO COMPLY WITH THE THOMAS AMENDMENT.--- IN CONFORMITY WITH THE THOMAS AMENDMENT THE HOURLY RATES OF PAY ESTABLISHED AS OF JUNE 11, 1932, SUBSEQUENTLY WERE INCREASED 20 PERCENT AS OF MARCH 28, 1934, IN ORDER TO GIVE THE HOURLY CHAUFFEURS THE SAME COMPENSATION FOR 40 HOURS' WORK AS THEY FORMERLY RECEIVED FOR 48 HOURS' WORK.

7. THE MONTHLY RATES OF PAY IN EFFECT ON JUNE 1, 1932, AND THE HOURLY RATES OF PAY ESTABLISHED AS OF JUNE 11, 1932, WERE PROPER RATES OF PAY FOR THE TWO GROUPS OF CHAUFFEURS UNDER THE WORKING CONDITIONS PREVAILING AS OF THOSE DATES. FOR THE SAME NUMBER OF HOURS EMPLOYMENT THE TWO SCHEDULES OF RATES PAID AS OF JUNE 1932 WOULD HAVE GIVEN THE SAME COMPENSATION, IRRESPECTIVE OF WHETHER A CHAUFFEUR HAD BEEN CARRIED ON THE MONTHLY OR HOURLY SCHEDULE OF FEES. AT PRESENT, HOWEVER, OWING TO THE EFFECTS OF THE THOMAS AMENDMENT UPON THE TWO SCHEDULES, A CHAUFFEUR IN THE PANAMA CANAL SERVICE COMPENSATED ON AN HOURLY BASIS, RECEIVES LESS COMPENSATION FOR 40 HOURS SERVICE WEEKLY THAN MONTHLY CHAUFFEURS WORKING THE SAME NUMBER OF HOURS.

8. IN VIEW OF THIS, THE QUESTION HAS ARISEN AS TO WHAT THE BASIS OF THE HOURLY RATE OF PAY FOR CHAUFFEURS SHOULD BE. SHOULD IT BE---

(A) THE RATE ESTABLISHED JUNE 11, 1932, INCREASED BY 20 PERCENT IN CONFORMITY WITH THE THOMAS AMENDMENT, WHICH IS THE RATE NOW BEING PAID TO A NUMBER OF CHAUFFEURS IN THE "POOL" SERVICE OF THE PANAMA CANAL CARRIED AT HOURLY RATES OF PAY; OR

(B) AN HOURLY RATE WHICH WILL GIVE THE CHAUFFEURS, FOR 40 HOURS SERVICE WEEKLY, THE SAME MONTHLY EARNINGS AS WERE RECEIVED BY CHAUFFEURS CARRIED ON A MONTHLY BASIS AS OF JUNE 1, 1932, AND WHICH STILL REMAINS IN EFFECT AT THE PRESENT TIME FOR ALL PANAMA CANAL CHAUFFEURS COMPENSATED ON A MONTHLY BASIS.

(9) WITH HOURLY RATES OF PAY DEFINITELY ESTABLISHED FOR CHAUFFEURS ON THE BASIS OF (A) OR (B) NEXT ABOVE, WOULD A TRANSFER OF A CHAUFFEUR FROM AN HOURLY TO A MONTHLY RATE OF COMPENSATION, OR VICE VERSA, BE PROHIBITED UNDER EXISTING LEGISLATION? SUCH A CHANGE WOULD, OF COURSE, BE MADE ONLY FOR THE PURPOSE OF KEEPING THE COMPENSATION OF THE INDIVIDUAL IN HARMONY WITH THE GENERAL CLASS OF WORK TO WHICH HE WAS REGULARLY ASSIGNED.

10. THE VIEWS OF THE PANAMA CANAL ADMINISTRATION IN REGARD TO THESE MATTERS ARE:

(A)THE 28-DAY MONTHLY RATES OF PAY IN EFFECT FOR CHAUFFEURS ON JUNE 1, 1932, WERE PROPER FOR EMPLOYEES DETAILED TO DRIVE TRUCKS WHERE SUNDAY AND HOLIDAY SERVICE WAS REQUIRED AND WHERE THE CHAUFFEURS REGULARLY WERE PERFORMING ON AN AVERAGE OF TWO DAYS' SERVICE ON SUNDAYS AND/OR HOLIDAYS IN ADDITION TO THE USUAL SERVICE PERFORMED ON WEEK DAYS. AS OF JUNE 1, 1932, THESE 28-DAY MONTHLY RATES WERE NOT PROPERLY APPLICABLE TO CHAUFFEURS NOT DETAILED FOR SUNDAY AND HOLIDAY DUTY FOR THE REASON THAT THEY WERE IN EXCESS OF THE 25 PERCENT LIMITATION OVER STATES RATES OF PAY PRESCRIBED BY LAW AS A MAXIMUM FOR PANAMA CANAL EMPLOYMENT.

(B) THE HOURLY RATES ESTABLISHED AS OF JUNE 11, 1932, WERE CORRECT AND PROPER AS OF THAT DATE FOR CHAUFFEURS WHO WERE PERFORMING LESS THAN 28 DAYS' SERVICE MONTHLY. THE 20 PERCENT UPWARD ADJUSTMENT IN THESE RATES, MADE AS OF MARCH 28, 1934, IN CONFORMITY WITH THE THOMAS AMENDMENT, SEEMINGLY CONSTITUTES THE PROPER ADJUSTMENT REQUIRED BY LAW.

(C) DUE TO THE FACT THAT THE EMPLOYMENT OF CHAUFFEURS ASSIGNED TO CONSTRUCTION WORK DOES NOT ALWAYS COINCIDE WITH REGULAR WORKING HOURS, FROM AN ADMINISTRATIVE VIEWPOINT IT IS DESIRABLE TO CARRY A PART OF OUR FORCE OF CHAUFFEURS ON AN HOURLY BASIS OF COMPENSATION, IRRESPECTIVE OF WHETHER IT SHOULD BE DECIDED THAT THE HOURLY RATES NOW IN EFFECT OR HOURLY RATES WHICH WILL PROVIDE THE SAME EARNINGS FOR 40 HOURS OF SERVICE WEEKLY AS THE MONTHLY RATES IN EFFECT ON JUNE 1, 1932, ARE PROPER AND CORRECT.

11. IN REACHING THE CONCLUSION STATED IN THE CLOSING SENTENCE OF SUBPARAGRAPH "B" OF THE PRECEDING PARAGRAPH, CONSIDERATION HAS BEEN GIVEN TO DECISION A-54762, MADE BY THE COMPTROLLER GENERAL UNDER DATE OF AUGUST 25, 1934, IN THE CASE OF LOCK AND OTHER EMPLOYEES OF THE PANAMA CANAL. THE CASE OF THESE EMPLOYEES THE COMPTROLLER GENERAL STATED:

"IT IS UNDERSTOOD THAT THE MONTHLY RATES FIXED AS OF JUNE 1, 1932, WERE PROPER AND NOT IN EXCESS OF 25 PERCENT MORE THAN THE RATES PAID FOR THE SAME OR SIMILAR SERVICES IN THE CONTINENTAL UNITED STATES, AND THAT THE EMPLOYEES WERE NOT PAID ANY ADDITIONAL COMPENSATION FOR OVERTIME IN ADDITION TO THE ESTIMATED OR AVERAGE OVERTIME WHICH MAY HAVE ENTERED INTO THE FIXING OF THE MONTHLY RATES. IF SO, IT IS NOT APPARENT THAT THE PAYMENT ON A 40-HOUR WEEK BASIS OF THE SAME MONTHLY COMPENSATION PAID JUNE 1, 1932, FOR A GREATER NUMBER OF HOURS PER WEEK, WHICH WAS FIXED WITH RELATION TO THE COMPENSATION OF MECHANICS, ETC., IN NAVY YARDS, LIKEWISE REQUIRED TO BE NOT LESS THAN THE RATE PAID JUNE 1, 1932, WILL EXCEED THE LIMITATION FIXED IN THE 1912 STATUTE. OF COURSE, IF THE MONTHLY RATES OF COMPENSATION FOR THESE EMPLOYEES AS OF JUNE 1, 1932, WERE NOT ON A PROPER BASIS, THERE WOULD BE FOR SOLUTION ANOTHER PROBLEM, BUT THERE IS NO INTIMATION IN YOUR LETTER THAT THE RATES AS OF JUNE 1, 1932, WERE ANY OTHER THAN PROPER AND LEGAL SALARY RATES. FURTHERMORE, IF THE MONTHLY RATES IN EFFECT ON JUNE 1, 1932, WERE LEGALLY AND PROPERLY FIXED AND DID NOT EXCEED THE 25 PERCENT DIFFERENTIAL, THE PAYMENT OF THE SAME RATES PER MONTH WITH HOURS OF WORK REDUCED TO 40 PER WEEK IS NOT REQUIRED BY THE STATUTE EVEN THOUGH SUCH RATE WHEN REDUCED TO AN HOURLY BASIS WOULD EXCEED BY MORE THAN 25 PERCENT THE HOURLY RATE PAID IN THE UNITED STATES.'

12. AS STATED HEREINBEFORE, THE 28-DAY MONTHLY RATES IN EFFECT AS OF JUNE 1, 1932, WERE NOT CONSIDERED PROPER FOR CHAUFFEURS ON CONSTRUCTION JOBS WHO WERE NOT REQUIRED TO WORK REGULARLY ON SUNDAYS AND HOLIDAYS, AND STEPS HAD BEEN INITIATED DURING THE MONTH OF MAY 1932 TO ESTABLISH HOURLY RATES OF PAY FOR THESE EMPLOYEES, WHICH WERE NOT MORE THAN 25 PERCENT IN EXCESS OF STATES RATES FOR SIMILAR EMPLOYMENT. IN VIEW OF THIS, ADMINISTRATIVE ACTION HAD BEEN INITIATED AND WAS UNDER CONSIDERATION AS OF JUNE 1, 1932, TO ADJUST OUR SCHEDULE OF RATES FOR CHAUFFEURS; CONSEQUENTLY, THE PRESENT HOURLY SCHEDULE OF RATES, ALTHOUGH NOT STRICTLY IN CONFORMITY WITH THE MONTHLY RATES IN EFFECT ON JUNE 1, 1932, ARE APPLICABLE TO CHAUFFEURS WORKING UNDER SOMEWHAT DIFFERENT CONDITIONS AND THEREFORE ARE CONSIDERED TO BE CORRECT AND PROPER UNDER THE THOMAS AMENDMENT FOR THE CLASS OF WORK PERFORMED.

13. WILL YOU PLEASE SUBMIT TO THE COMPTROLLER GENERAL, WITH A VIEW TO OBTAINING A RULING AS TO WHETHER THE HOURLY RATES ESTABLISHED JUNE 11, 1932, AND INCREASED BY 20 PERCENT IN CONFORMITY WITH THE THOMAS AMENDMENT ARE PROPER RATES OF PAY FOR CHAUFFEURS COMPENSATED ON AN HOURLY BASIS IN THE PANAMA CANAL SERVICE AND WHETHER WE MAY CONTINUE TO USE THESE HOURLY RATES FOR CHAUFFEURS ASSIGNED TO CONSTRUCTION OR OTHER PROJECTS WHERE SUNDAY AND HOLIDAY SERVICE NORMALLY IS NOT REQUIRED?

SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, PROVIDES AS FOLLOWS:

THE WEEKLY COMPENSATION, MINUS ANY GENERAL PERCENTAGE REDUCTION WHICH MAY BE PRESCRIBED BY ACT OF CONGRESS, FOR THE SEVERAL TRADES AND OCCUPATIONS, WHICH IS SET BY WAGE BOARDS OR OTHER WAGE-FIXING AUTHORITIES, SHALL BE REESTABLISHED AND MAINTAINED AT RATES NOT LOWER THAN NECESSARY TO RESTORE THE FULL WEEKLY EARNINGS OF SUCH EMPLOYEES IN ACCORDANCE WITH THE FULL- TIME WEEKLY EARNINGS UNDER THE RESPECTIVE WAGE SCHEDULES IN EFFECT ON JUNE 1, 1932: PROVIDED, THAT THE REGULAR HOURS OF LABOR SHALL NOT BE MORE THAN FORTY PER WEEK; AND ALL OVERTIME SHALL BE COMPENSATED FOR AT THE RATE OF NOT LESS THAN TIME AND ONE HALF.

PARTICULAR REFERENCE IS MADE TO PARAGRAPH 11 OF YOUR LETTER AND TO THE PORTION OF THE DECISION OF THIS OFFICE DATED AUGUST 25, 1934, 14 COMP. GEN. 156, 164, THEREIN QUOTED. THE STATUTORY PROVISION ESTABLISHING THE 40-HOUR WEEK DID NOT INTEND TO REESTABLISH ILLEGAL RATES OF COMPENSATION IN EFFECT AS OF JUNE 1, 1932. ON THE BASIS OF YOUR STATEMENT THAT THE MONTHLY RATES PAID JUNE 1, 1932, TO THE CHAUFFEURS IN THE "POOL" SERVICE OF THE PANAMA CANAL, WERE IN EXCESS OF THE RATES PAID FOR SIMILAR SERVICE IN THE CONTINENTAL UNITED STATES PLUS 25 PERCENT, THE MAXIMUM DIFFERENTIAL AUTHORIZED BY SECTION 4 OF THE PANAMA CANAL ACT OF AUGUST 24, 1912, 37 STAT. 560, 569, AND THEREFORE ILLEGAL, IT WAS PROPER IN ADJUSTING COMPENSATION ON A 40 HOUR WEEK BASIS, TO DISREGARD THE ILLEGAL MONTHLY RATES ACTUALLY PAID AS OF JUNE 1, 1932, AND TO BASE THE ADJUSTMENT ON THE HOURLY RATES ESTABLISHED JUNE 11, 1932, WHICH, IT IS UNDERSTOOD, SHOULD HAVE BEEN THE RATES PAID JUNE 1, 1932. ACCORDINGLY, THE ADOPTION BY THE PANAMA CANAL OF THE RATE STATED IN PARAGRAPH 8 (A) OF YOUR LETTER FOR PAYMENT OF COMPENSATION TO SAID CHAUFFEURS UNDER THE 40-HOUR WEEK STATUTORY PROVISIONS APPEARS TO HAVE BEEN AUTHORIZED UNDER THE LAW.

REFERRING TO PARAGRAPH 9 OF YOUR LETTER IT IS UNDERSTOOD THE TWO CLASSES OF CHAUFFEURS ARE SEPARATE AND DISTINCT POSITIONS, ONE WITH A MONTHLY RATE OF COMPENSATION REQUIRING CERTAIN SUNDAY AND HOLIDAY WORK, AND THE OTHER WITH AN HOURLY RATE OF COMPENSATION REQUIRING NO SUNDAY AND HOLIDAY WORK, THE DIFFERENCE IN THE TOTAL COMPENSATION RECEIVED REPRESENTING ONLY THE DIFFERENCE IN THE LENGTH OF SERVICE REQUIRED. AS THE PRESIDENT HAS GIVEN GENERAL AUTHORITY TO FILL ESSENTIAL POSITIONS OUTSIDE THE CONTINENTAL UNITED STATES, AND AS NO ADMINISTRATIVE PROMOTION WOULD BE INVOLVED, TRANSFERS FROM POSITIONS IN ONE CLASS OF CHAUFFEURS TO THE OTHER WOULD NOT BE PROHIBITED UNDER EXISTING LEGISLATION.