When is a federal employee employed upon a public work?
Alberta, Canada
The following excerpt is from United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States v. Alberta (Board of Industrial Relations), 1976 CanLII 305 (AB QB):
In my view that is not the proper construction of the section. In the context here I think the word "upon" relates to the word "operation" thus it should be read "employed upon … the operation of any federal work". That is, it must be understood in the sense that the employees were engaged in the operation of the aerodrome. I am strengthened in this belief by the interpretation given "upon a public work" by Duff C.J. in Rex v. Dubois, 1935 CanLII 1 (SCC), [1935] S.C.R. 378 at 397, [1935] 3 D.L.R. 209.
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