MENARD, INC.

National Labor Relations Board - Unpublished Board Decisions

Apr 19, 2017

18-CA-181821 (N.L.R.B. Apr. 19, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MENARD, INC.
and Case 18-CA-181821
LOCAL 153, OFFICE & PROFESSIONAL
EMPLOYEES INTERNATIONAL UNION,
AFL-CIO
ORDER
The Respondent’s Motion to Dismiss the Complaint is denied. The Respondent
has not demonstrated that the amended complaint fails to state a claim upon which
relief can be granted.
Further, to the extent that the Respondent is seeking summary judgment on the
basis that (1) the allegations concerning the Respondent’s arbitration agreement with its
drivers have already been resolved in previous Board proceedings and (2) the alleged
misclassification of the drivers as independent contractors does not constitute an unfair
labor practice, we also deny the Motion. The Respondent has failed to establish that
there are no genuine issues of fact and that it is entitled to a judgment as a matter of
law.
This denial is without prejudice to the Respondent’s right to renew these
arguments to the administrative law judge and raise them before the Board on any
exceptions that may be filed to the judge’s decision, if appropriate.
Dated, Washington, D.C., April 19, 2017.
PHILIP A. MISCIMARRA, ACTING CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER