Hisle v. Todd Pacific Shipyards Corp.

(dissenting) — Todd Pacific Shipyards Corporation (Todd) and Puget Sound Metal Trades Council (PSMTC) mutually negotiated a replacement collective bargaining agreement (CBA) and agreed to a one-time lump-sum payment to Todd’s employees. Although the payment was calculated by multiplying each employee’s respective hours worked by $.60, unchallenged evidence demonstrated (1) Todd and PSMTC intended the payment to be an incentive to the employees to ratify the proposed CBA (1997 CBA) and (2) the parties expressly acknowledged the payment was not intended to retroactively increase wages.

Notwithsta…