Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27693
 THIRD DIVISION Docket No. MW-27183
 89-3-86-3-251
 The Third Division consisted of the regular members and in
 addition Referee John C. Fletcher when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when it used either a foreman, assistant foreman or a mac Hagerstown Seniority District (System File MW-5).

 (2) Because of the aforesaid violation, the senior furloughed trackmen holding seniority on the for all wage loss suffered beginning sixty (60) days retroactive from March 25, 1985 and continuing until the violation referred to in Part (1) hereof is terminated."

 FINDINGS:

 The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employees involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

This Claim is a similar to the claim involved in Third Division Award 27327. Both Claims are premised on a notion that the Agreement was violated when Carrier restructured forces in late 1984, and abolished certain positions and had work of the abolished positions performed by remaining personnel. As was the case concerning the Claim before us in Award 27327, Carrier here also raises a time limit defense. It argues that the incident upon which this matter is based was the abo years prior to the filing date of the Claim. It seeks to have it dismissed under the provisions of Rule 16, contending that the Claim was filed out of time.

 In Award 27327 we dealt with the same basic issues as those here involved and dismissed that Claim because it was our view that it was filed out of time. Nothing in this record persuades us that a different result is required here. The Claim wil Form 1 Award No. 27693
 Page 2 Docket No. MW-27183
 89-3-86-3-251




                        By Order of Third Division


Attest:
        Nancy J. verl- Executive Secretary


Dated at Chicago, Illinois, this 2nd day of February 1989.