Award No. 28
 Case No. 37
 Docket No. MW-79-155
 Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Southern Pacific Transportation Company
 (Texas and Louisiana Lines)
 Statement 1. Carrier violated the effective Agreement when Track
 of Laborer Eugene Landry was unjustly dismissed by letter.
 Claim dated September 19, 1979.



Findings The Board, after hearing upon the whole record and all
 evidence, finds that the parties herein are Carrier
 and Employee within the meaning of the Railway Labor
 Act, as amended, that this Board is duly constituted
 by Agreement dated July 19, 1979, that it has jurisdiction
 . of the parties and the subject matter, and that the
 parties were given due notice of the hearing held.
 Claimant, a track laborer on Lafayette Division Extra
 Gang No. 129, was dismissed from service under date
 of September 19, 1979 for absenting himself from his
 position without proper authority during an emergency
 situation on September 18, 1979. As a result of the
 hearing requested and granted, Carrier concluded that
 the evidence supported its original decision.
 The Board finds that Claimant was accorded a fair hearing,
 that there was sufficient evidence adduced to support
 ~.~/y~( - Award No. 28
 Page 2
 .Carrier's conclusion and that while there was a conflict
 is the testimony Carrier chose to believe the testimony
 of its witnesses. The record reflects no abuse of such
 discretion.

 In the circumstances this claim will be denied.

 Award

 Claim denied.

7,r_.e.~


ML A. Christie, Employee Member

 C. B. Goyne arrier Member