While game development is a dream job for many people, the working conditions are not always fantastic. Crunch time and burnout have long been a problem, and the sexual harassment allegations against Activision Blizzard remind gamers that the industry still has serious issues. As a result, the topic of unionization in the game industry is becoming increasingly mainstream.
Nintendo has done a relatively good job of avoiding major controversy or labor disputes compared to some other companies. However, that may no longer be the case, as Nintendo’s American subsidiary faces new allegations of union busting.
An unnamed Nintendo employee recently filed a complaint with the National Labor Relations Board. The complaint, filed Friday, alleges that Nintendo of America, whose President spoke out against Activision Blizzard last year, and hiring firm Aston Carter engaged in “coercive actions” to discourage workers from unionizing. Information is limited as the case is still being investigated, and NLRB has yet to disclose specific details about which actions Nintendo may have engaged in. However, the allegations appear to include illegal surveillance, making coercive statements, firing or refusing to hire employees for attempting to organize, and engaging in other forms of retaliation. Neither company has made an official statement regarding these allegations.
The actions listed above are banned in the United States as they infringe on workers’ legal right to organize and engage in collective bargaining under the National Labor Relations Act of 1935. As a Japanese company, Nintendo as a whole is not subject to US labor laws. However, the Washington-based Nintendo of America is. Meanwhile, Ashton Carter is a staffing agency that recruits contractors on Nintendo’s behalf. While the NLRB cannot impose direct penalties on employers, it has the authority to issue legally binding cease and desist orders and injunctions. The Board can also require an employer to give back pay or reverse illegal terminations. Refusing to comply with an NLRB ruling opens the company up to civil and criminal penalties.
The topic of unionization and collective bargaining in the game industry has come up repeatedly over the last few years. Last year, The Communications Workers of America endorsed a statement encouraging Activision Blizzard employees to apply for union membership. CEO Brian Bulatao responded to the statement by sending an email to Activision Blizzard employees strongly discouraging union participation. Despite that, some employees at subsidiary Raven Software announced plans to unionize in January.
The NLRB complaint against Nintendo of America is thus only a small part of the larger controversy around labor rights in the game industry. Unfortunately, it may be some time before the National Labor Relations Board releases the results of its investigation.
Source: National Labor Relations Board