Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27694
THIRD DIVISION Docket No. MW-27184
89-3-86-3-252
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 the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it used a B&B mechanic to perform chauffeur's work on the B&B gang headqaurtered at Hanover, Maryland (System File 8-MG-5296).

(2) Because of the aforesaid violation, furloughed Chauffeur R. Shellman shall be compensated for all wage loss suffered beginning sixty (60) days retroactive from March 25, 1985 and continuing until the violation referred to in Part (1) here
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 employes 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 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 abolishment of a chauffeur's position which occurred two years prior to the filing date of the Claim. It seeks to have it dismissed under the provisions 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 will be dismissed.
Form 1
Page 2

Claim dismissed.

Attest:

Award No. 27694
Docket No. MW-27184
89-3-86-3-252

A W A R D

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

.ve Secretary

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