Nintendo accused of union-busting in labor complaint

Both companies were accused of discharging an employee within the last six months for joining or supporting a union and engaging in protected labor activities, which include discussing wages or terms of employment. They were also said to have surveilled employees, according to the complaint. The complaint was redacted to hide the employee’s name.

The video game industry is closer to unionization than ever before

Nintendo of America, which is headquartered in Redmond, Washington, is the video game giant’s North American branch.

“We are aware of the claim, which was filed with the National Labor Relations Board by a contractor who was previously terminated for the disclosure of confidential information and for no other reason. Nintendo is not aware of any attempts to unionize or related activity and intends to cooperate with the investigation conducted by the NLRB,” Nintendo said in a statement to The Washington Post.

“Nintendo is fully committed to providing a welcoming and supportive work environment for all our employees and contractors. We take matters of employment very seriously,” the company added.

Aston Carter — a far less prominent player in the video game industry — has posted job listings for Nintendo contractors and service representatives in the past. Aston Carter did not respond to comment.

Under the National Labor Relations Act of 1935, workers have the right to organize and form collective bargaining units to discuss wages and terms of employment.

“The nature of these ULP [unfair labor practice] charges seems to reflect the growing interest in unionizing by employees in the game industry,” said Cornell professor of labor and employment law Risa Lieberwitz.

Nintendo isn’t the only gaming company being investigated by the NLRB over union-busting allegations. Activision Blizzard, the company behind games like Call of Duty and “World of Warcraft,” faces multiple complaints for preventing employee union activity as well as surveilling and threatening employees. The NLRB is currently weighing in on a labor dispute between the employer and employees at Raven Software, a subsidiary of Activision. A decision is expected within the next few weeks.