PARTIES) Hotel and Restaurant Employees and Bartenders International Union
 TO ) and
 DISPUTE) Denver and Rio Grande Western Railroad Company
 QUESTION
 AT ISSUE: Is Albert J. Burks deprived of his status as a protected employee
 under the February 7, 1965 Agreement by reason of not working all
 runs available to him when he had an agreement with the superintendent
 of the Dining Car Department permitting him, for personal reasons, to
 be selective in the runs that he would stand for?
 OPINION
 OF BOARD: A careful analysis of the record herein compels the conclusion that
 (1) Claimant's failure to bid on positions available to him, 1/ and
 (2) the Organization's settlement of January 17, 1967 of any and all
 claims during the period January 1, 1965 to December 1, 1966, deprived
 Claimant of his status as a protected employe under the February 7,
 1965 Agreement.
 Further, the permission granted to Claimant in July 1965 to be utilized
 on shorter runs did not constitute an "agreement" under the November 25,
 1965 Interpretations.
 AWARD

          The answer to the Question at Issue is in the affirmative.


                                    Nicholas H. Zum

                                    Neutral Member


            k/ The bulletined assignments' duty requirements were consistent with Claimant's request for limited service.


          Dated: Washington, D. C.

          July 27, 1972