The topic of unionization remains controversial whenever it comes up, and the game industry is no exception. Major corporations like Activision Blizzard have come under fire for alleged union busting efforts, with Nintendo being the latest company to land in the crosshairs.
However, Nintendo is pushing back against an accusation of union busting. The company recently issued a statement denying the claim and asserting that the company is unaware of any unionization efforts underway at Nintendo of America.
Earlier in the week, an unnamed contractor filed a complaint with the National Labor Relations Board. It alleges that Nintendo engaged in union busting activity, illegally suppressing its workers' right to organize. The specifics were initially unknown until reporter Stephen Totilo filed a Freedom of Information Act request. According to a document provided by the NLRB, the complaint accuses Nintendo of America and staffing agency Ashton Carter of firing an employee for joining or supporting a labor union and discussing topics such as wages or terms of employment. It also alleges that the companies engaged in surveillance to discourage union membership and collective bargaining.
If the allegations are true, Nintendo of America will have violated the 1935 National Labor Relations Act. However, the company denies these claims. In a recent statement, Nintendo asserts that the company is not aware of any ongoing unionization effort. Instead, according to Nintendo, a disgruntled contractor filed the complaint after being terminated for disclosing confidential information. Nintendo did not offer any further details but denies that there were any other reasons for the contractor’s dismissal. It also says it takes employment issues seriously and intends to cooperate fully with the National Labor Relations Board’s investigation.
Ultimately, both parties have cause to lie in this situation, and public opinion seems divided. On one hand, Nintendo’s claims are plausible, and it’s possible that a bad actor is simply taking advantage of the ongoing unionization discourse. On the other, Nintendo could simply be lying to cover up illegal activities. While Nintendo has so far avoided the labor issues plaguing many other firms, it could still be in the company’s best interest to suppress its workers’ efforts to unionize.
Unfortunately, it’s too soon to say which party is telling the truth in this situation. It will be some time before the NLRB issues a ruling, as the investigation is expected to last somewhere between seven and fourteen weeks. While that may disappoint anyone hoping for a speedy resolution, many will undoubtedly be curious to see whose version of events the National Labor Relations board endorses.