The National Labor Relations Board has issued a complaint alleging that over a thousand truckers at 280 Menards’ stores in 14 states have been misclassified as independent contractors, instead of employees.  They also charge that Menards violated the National Labor Relations Act in forcing the drivers to waive their rights to class-action lawsuits and NLRB actions against the company.  Seth Goldstein, Senior Business Representative with Office and Professional Employees International Union Local 153 in New York, says this misclassification robs the workers of their protected rights to union activity:
“Well, this is the first time that I’m aware of that the NLRB has decided that misclassifying employees constitutes a deprivation of union rights, and is a violation of the National Labor Relations Act.  In a sense it constitutes a more activist role by the NLRB, the board, as far as making sure that all employees are included under the National Labor Relations Act.  I think that it moves our ability to organize a step further than we had it previously.  At least in the case of the haulers at Menards, they are now entitled to have a voice as far as their conditions of employment.”