Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27772
 THIRD DIVISION Docket No. MW-27091
 89-3-86-3-139
 The Third Division consisted of the regular members and in
 addition Referee Marty E. Zusman 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 between The Detroit, Toledo S Ironton Railroad Company and the Brotherhood of Maintenance of Way Employes effective April 1, 1942, together with supplements and amendments thereto, when it failed and refused to bulletin the position of Repairman-First Class at Flat Rock, Michigan to employes covered thereby, but instead assigned the duties thereof to a Grand Trunk Western Railroad Company employe (Carrier's File 8365-1-183).

 (2) As a consequence of the aforesaid violation, Mr. J. W. Henry shall be compensated for all money loss suffered beginning August 7, 1984 and continuing until the position referred to in Part (1) hereof is bulletined and assigned to the senior applicant."

 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.

The Organization and Carrier entered into an Agreement of April 9, 1984, wherein the positions of Foreman and Repairman along with the incumbents would transfer from Napoleon, Ohio, to Flat Rock Yard, Michigan. The incumbent of the Foreman's posi rather than transfer. On May 7, 1984, the Carrier effected the change.
 Form 1 Award No. 27772
 Page 2 Docket No. MW-27091
 89-3-86-3-139

 The record indicates that the Foreman exercised his seniority rather than transfer with the position while the incumbent of the Repairman's position transferred with the the Carrier issued two Bulletins abolishing the positions of Foreman effective May 7, 1984, and Repairman effective August 7, 1984, at Flat Rock Yard, Michigan.

 The Organization filed claim by letter of September 24, 1984, alleging Carrier violation of that that the April 9, 1984, Agreement was violated when the Carrier refused to maintain the two positions at Flat Rock Yard. It argues that the positions were not transferred, nor vacancies advertised. As such, Claimant was denied his right to exercise seniority to the vacant position.

 This Board has reviewed closely the arguments and issues raised on property with those which were presented ex parte. The employee statement and new arguments as to who is doing the work and the appropriate remedy are barred from consideration, as they were not discussed while handling this case on the property (Third Division Award 24965).

 In our review of the on property record we fail to find any cited rule or provision agreed upon by the parties which was violated. This Board must find a rule cited by the Organization which was alleged to be violated. Thereafter, probative evidence of record must support the fact that the Carrier violated the rule. We cannot find any action of the Carrier inappropriate under the Railway Agreement provision (Third Division Award 21858).

 Our review of the Agreement provisions cited by the Organization show no terms or rules that limit Carrier from abolishing the Foreman and Repairman positions. There is no evidence that Carrier failed to properly transfer positions and incumbents. We find no Agreement protection or any rule negotiated between the parties no Agreement provision limiting Carrier from abolishing the positions, the Claim must be dismissed (Third Division Award 26906).




                          By Order of Third Division


Attest:
      ' Nancy J. D /Cr- Executive Secretary


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