Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27914
 THIRD DIVISION Docket No. MW-26931
 89-3-85-3-711
 The Third Division consisted of the regular members and in
 addition Referee Robert W. McAllister 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 6 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 Work Equipment Foreman at Flat Rock, Michigan to employes covered thereby, but instead assigned the duties thereof to a Grand Trunk Western Railroad Company employe.

 (2) As a consequence of the aforesaid violation, Mr. G. Brown shall be allowed the difference between the Work Equipment Foreman's rate and what he was paid in a lower rated position beginning June 18, 1984 and continuing until the position referred to in Part (1) hereof is bulletined and assigned to the senior applicant therefor."

 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.

By Agreement dated April 9, 1984, the Carrier transferred two positions and their incumbents from Napoleon, Ohio, to Flat Rock, Michigan, effective May 7, 1984. The incumbent of the Repair Foreman position, however, elected not to follow his work and exercised his seniority to another job. When the Repair Foreman position was not rebulletined by August 3, 1984, the Organization filed this claim to the Acting Division Engineer, who never responded. An abolishment notice was issued on September 14, 1984, advising
 Form 1 Award No. 27914
 Page 2 Docket No. MW-26931
 89-3-85-3-711

 that the vacant position was abolished on May 7, 1984. When the claim was subsequently appealed to the Chief Engineer, he allowed the claim up until September 14, 1984, referring to the time limit violation. As a result of the allowance, that portion of the claim is dismissed. No further relief may be had as a result of the time limit violation because the job ceased to exist on September 14, 1984. Any other result would have the effect of requiring the Carrier to establish and maintain a position which is beyond the authority of this Board.

 To prevail on the merits in this case, the Organization has the burden of showing that the Carri machines maintained and repaired by employees covered by the Agreement. They assert the machines which were repaired at Napoleon prior to May 7, 1984, were being sent to Durand, Michigan, to be repaired by employees covered by the GTW Agreement. The Carrier asserts that subsequent to its December 31, 1983, merger into the Grand Trunk been cited by the Organization which would restrict the Carrier from using or repairing such equipment anywhere on the merged system. Accordingly, the portion of the claim not already allowed on the property is denied.




                          By Order of Third Division


Attest:
        Nancy J. e - Executive Secretary


Dated at Chicago, Illinois, this 18th day of May 1989.