I got my pair from the run that probably spawned that batch in the stock store. Ordered 37s (I'm 35). Came in smaller than a 37, but even with a HOT soak, it shrank perfectly. I did use a wooden clothes hanger in the waistband (lucked out that it was about 35" so minimal stretching back out needed), but the legs/thighs/etc were solid. I think the point is, they suggest sizing up 2-3 because it will shrink 1 size or so, but they sewed up a size smaller. They won't shrink 2 sizes.
Gotcha, looks like the 38s would be too big for me. Thanks!