Public Law Board No. 3640, Awd. 4, Case 4 (Peterson) (RYA/Southern Rwy)

"In the Board's opinion, if the Carrier had reason to believe that there was no need for Claimant to have marked off for the day for the purpose of being a witness, then it should have told him so either at the time it directed him to arrange to be present as a witness or when he thereafter submitted his request to mark off to an agent of the Carrier. In not having done so, it must be held that Carrier assumed a responsibility to make Claimant whole for the loss of any compensation sustained as a result of interrupting his regular work assignment to be at the company hearing as a witness.

Under the circumstances of record, the claim will be allowed and we will direct that Claimant be granted an additional four hours compensation at the pro rata rate of pay."