PARTIES TO DISPVrE:
 Brotherhood of Locomotive Engineers
 AWARD N0. 1
 _ and - CASE N0. 1
 Union Pacific Railroad Company
 STATEMENT OF CLAIM:
 Claim on behalf of S. M. Alewine for




FINDINGS
 This Public Law Board No. 5831 finds that the parties herein are Carrier and Employee, within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.
 By Carrier notice dated December 21, 1994 the Claimant Engineer S. M. Alevine was dismissed from the service of the Carrier as set below:


      Mr. S.M. Alewine, Engineer

      4002 Willow Springs

      Little Rods, AR 72206-5316

                      2 pL 13 A-)o . 583 I


                                            AWp No-


      Dear Mr. Alewine:


      You are hereby advised that your record has this date been marked dismissed for your violation of rule 607(4) of General Code of Operating Rules, effective October 29, 1989, and of Union Pacific's drug and alcohol policy, effective February 12, 1993, Section IX, by tampering with your urine sample in order to prevent a valid test, rhich constitutes a refusal to provide a sample, during the reasonable cause drug and alcohol test, administered to you on February 18, 1994, while you were performing service as Engineer an train AIJBr17, N. L. Rock, Arkansas.


      Your record now stands: Discipline status level 5

      ...Dismissed from the

      Onion Pacific Railroad, per attached

      upgrade Forms No. 3 and 5.

      signed by E. J. Darington, Manager Train Operations


The organization appealed this discipline, and the matter is properly before this Hoard for adjudication. We have considered each of the procedural objections raised by the organization and we are compelled to conclude that a basis does not exist to set aside the discipline based on these contentions. We find that substantial evidence of record supports the Carrier's finding of responsibility in this case. This evidence includes the Claimant's testimony that his urine specimen was sealed in his presence at the collection site, without exception, the certified laboratory documents from the Nichols Institute which indicated that the chain of custody was preserved and the sale was the Claimant's sale, and the final report of the laboratory which indicated that the specimen was adulterated with the presence of
                                            Pt.g Nb. 5331

                                              ADD No I


glutaraldehyde. The Claimant's tanq*ring with a urine sample constitutes a refusal to provide a valid sasple and it constitutes major misconduct on his part.'
 After full consideration of the proven misconduct in this case, brut considering his years of service and his good work record, the Hoard believes that this discipline has now served its purpose. lW. Alevine shall be returned to service with all rights unimpaired tut without backpay, and he shall be subject to the Companion Agreement as a condition of his return to service.

                      AWARD


                    As per Findings.

ORDER: The Carrier has been notified of the decision of the Hoard and
      has complied with th nterim

      DD./~P/. //~Twomey

      Chairman and Neutral r

.~ .
 Organization member Carrier her

 DATE: IO x S 9~