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Freedom251 › Blog › game industry

How to Start a Game Studio Union: Organizing, Recognition, and First Steps

By Freedom251 Team · · 12 min read

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To start a union at a U.S. game studio, employees first build a trusted organizing committee, identify the proposed bargaining unit, learn whether the studio and its workers fall under National Labor Relations Board (NLRB) jurisdiction, and gather support. The group can then seek voluntary recognition from the employer, usually by demonstrating majority support, or petition the NLRB for a secret-ballot election. An election petition generally requires support from at least 30% of employees in the proposed unit; that is only the threshold to begin the process, not a victory condition.

Recognition is not the same as a completed contract. It gives the union an obligation-bearing relationship with the employer and starts collective bargaining over wages, hours, policies and other employment terms.

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What it means to unionize a game studio

A union is the employees’ chosen representative for negotiating with management. In a studio, the potential unit might include programmers, artists, designers, producers, quality-assurance staff, localization workers, information-technology employees or other classifications. The correct grouping depends on the actual workplace, reporting relationships, job duties and labor-law rules—not on the fact that everyone works in games.

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This guide is general information for private-sector workers in the United States. The National Labor Relations Act (NLRA) covers many private employers, but the NLRB has jurisdictional limits. Employer structure, public ownership, some nonprofit or educational arrangements, independent-contractor status and particular job classifications can change the analysis. “The National Labor Relations Act protects most employees whether the workplace is unionized or non-unionized,” the NLRB says in its explanation of the law. Employees also have the right to refrain from union activity.

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Step 1: Begin with confidential coworker conversations

Organizing starts with people, not paperwork. Talk privately with coworkers you trust about recurring workplace issues and whether they want to explore collective representation. Common discussion topics can include unpredictable layoffs, workload and crunch, pay transparency, promotion standards, remote-work rules, health and safety, harassment reporting, scheduling, severance and a meaningful voice in policy changes. The goal at this stage is to listen and find shared concerns, not to announce a final platform or ask everyone to make an immediate public commitment.

Form a representative organizing committee

The U.S. Department of Labor describes an organizing committee as a group of workers who communicate with colleagues, identify workplace concerns and build support. Include people from the major departments, shifts, locations and employment schedules that may belong in the proposed unit. A committee made up only of one team or seniority level can miss important concerns and may not accurately reflect the workforce.

  • Choose secure, lawful ways to communicate that do not expose coworkers unnecessarily.
  • Agree on basic confidentiality practices and verify information before sharing it.
  • Keep conversations voluntary; no worker has to sign a card or participate.
  • Record questions and unresolved issues so the group can obtain informed advice.

Do not use company equipment or accounts in a way that violates a neutral workplace policy. At the same time, a policy cannot automatically erase protected organizing rights; the legality of a restriction depends on its wording, application and circumstances.

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Step 2: Check coverage and define the bargaining unit

A bargaining unit is the group of employees who would be represented by one union in negotiations. Before asking for recognition or filing a petition, organizers should discuss the proposed unit with an established union, worker organization or qualified labor counsel and contact the NLRB for process information.

Questions about NLRB coverage

  • Is the studio a private employer covered by the NLRA?
  • Are the people involved employees under the Act, rather than independent contractors or another excluded category?
  • Do any supervisors, managers, guards or other classifications have different legal treatment?
  • Does the studio’s ownership or corporate structure create a jurisdictional issue?
  • Are there multiple locations or related entities whose relationship affects the unit?

The NLRB, not a generic “game-industry” description, decides whether a proposed unit is appropriate in a particular case. An organizer should not promise that every worker who supports the campaign will be eligible to vote. Eligibility can depend on job duties, employment status, payroll records and the dates used for the election.

Describe the unit in practical terms

Write down which classifications and locations the group proposes to include and which it proposes to exclude. Note full-time, part-time, temporary and on-call positions separately. This working description helps an adviser identify missing groups and prevents the campaign from counting support from people who may not be in the eventual unit.

Step 3: Build support and document it carefully

Authorization cards or a petition are common ways for employees to record that they want union representation. A card is not a contract and does not itself set wages or guarantee a particular bargaining result. Read the exact language before signing, keep a copy when permitted, and ask the sponsoring union what the card authorizes.

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For an NLRB election petition, the Board’s current guidance states that organizers must show support from at least 30% of employees in the proposed unit. This showing of interest allows the petition process to start; it is not the percentage required to win the secret-ballot vote and is not a certification of the union.

Track support without exposing coworkers

  • Use a secure, access-limited record of cards or other support evidence.
  • Separate contact information from aggregate counts whenever possible.
  • Do not publish a coworker’s support without that person’s permission.
  • Confirm which employees are actually in the proposed unit before interpreting a percentage.
  • Ask an adviser how cards must be submitted and preserved for the chosen route.

Organizers commonly seek support substantially broader than the filing minimum because campaigns can change, employees can leave, and an employer may challenge unit scope or eligibility. A majority is especially important when workers ask the employer to recognize the union voluntarily.

Step 4: Choose voluntary recognition or an NLRB election

There are two principal recognition routes. The choice should be made with advice from the union or labor counsel assisting the workers and with a realistic assessment of support, unit definition and workplace conditions.

Feature Voluntary recognition NLRB election
How it starts Workers ask the employer to recognize the union and present evidence that a majority in the proposed unit wants representation, often authorization cards. A petition is filed with the NLRB with the required showing of interest, generally at least 30% of the proposed unit.
How representation is decided The employer accepts reliable evidence that a majority wants the union to represent them. Eligible employees vote in a secret-ballot election conducted under NLRB procedures.
Main uncertainty The employer may decline or dispute the evidence or unit; recognition is not automatic. The Board must address unit scope, eligibility, petition requirements and election procedures in the specific case.
Timing detail Under conditions described on the NLRB election guidance page, a 45-day period exists for filing an election petition after required notice of voluntary recognition. The timetable depends on the petition, any disputes and the Board’s case procedures.

The 45-day period is not an unconditional deadline for every recognition situation. It applies only when the conditions in the NLRB’s notice and election guidance are met, so organizers should verify the current rule before relying on it.

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How to request voluntary recognition

Prepare the request

With the union’s help, prepare a written request identifying the proposed bargaining unit and explaining that a majority of employees want the union as their representative. The supporting cards or other evidence should be handled according to the union’s established process. Avoid overstating the count or including people whose eligibility is uncertain.

Deliver it through an appropriate channel

Give the request to the employer’s designated representative and preserve a dated copy. Ask the union or counsel what notice must be provided to employees and what records should be retained. If the employer agrees, obtain the recognition in writing and confirm the unit description and next procedural steps.

Understand what recognition does not do

Recognition does not instantly set salaries, end layoffs, require every proposal to be accepted or produce a first contract. It establishes the union as the employees’ representative and creates a duty for the employer to bargain in good faith over mandatory subjects of bargaining.

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How an NLRB election petition works

  1. Confirm the unit and support evidence. The organizing committee and its advisers define the proposed unit and verify that the showing of interest meets the Board’s requirement.
  2. File with the NLRB. The petition identifies the employer, the proposed unit and the union seeking representation. The regional office reviews jurisdiction and filing requirements.
  3. Resolve preliminary issues. The parties may need to address unit scope, voter eligibility, the employer’s legal identity or other case-specific questions.
  4. Use the Board’s election process. If an election is directed, the NLRB sets procedures for notice, voter eligibility, ballot handling and counting.
  5. Let eligible employees vote privately. The result depends on the ballots counted under the Board’s rules, not on the number of cards collected before the election.
  6. Proceed after the tally. If the union receives the required majority of valid votes, the Board certifies representation unless a specified challenge or objection changes the result. If it does not, the union is not certified through that election.

The NLRB’s current election guidance should be checked for the applicable forms, notices and deadlines because procedures can change and a studio’s facts may create additional issues.

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Know your rights and document possible interference

The NLRA protects covered employees who act together about workplace conditions, whether or not a union is already present. The NLRB identifies several types of employer conduct that may violate the Act when tied to union activity:

  • Threatening job loss, reduced hours, closure or other retaliation if workers support a union.
  • Coercively interrogating employees about their union views or the views of coworkers.
  • Spying on organizing meetings or creating the impression that pro-union employees are being watched.
  • Promising raises, promotions or special benefits to persuade employees to abandon union support.
  • Discriminating in hiring, scheduling, discipline, promotion, layoff or termination because of union activity.

Whether conduct is unlawful depends on the facts, timing, wording and context. Keep contemporaneous notes, preserve emails or messages, identify witnesses and avoid editing original records. Do not secretly record conversations unless you understand the applicable consent and privacy laws. A worker with a specific concern should contact the NLRB or a qualified labor representative promptly rather than rely on a general article to decide whether a violation occurred.

Protection also includes the choice not to participate

Employees may support the union, oppose it or refrain from taking a position. Organizers should not harass, threaten or pressure coworkers. A credible campaign explains the proposal, answers questions honestly and respects a person’s decision.

What happens after workers vote or receive recognition?

The union becomes the representative

After certification or valid recognition, the union represents the employees in the defined unit. The employer must bargain in good faith. Good-faith bargaining requires meaningful meetings and consideration of proposals; it does not require either side to accept a particular term or reach an agreement on a preferred timetable.

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Build a bargaining structure

Workers typically elect or select a bargaining committee that reflects the unit. The committee gathers detailed priorities, separates must-have protections from preferred improvements and establishes a method for reporting progress without disclosing confidential strategy. Members should decide how proposals are approved and how tentative agreements will be presented for ratification under the union’s rules.

Prepare for a first contract

A first agreement may address pay ranges and increases, overtime, working hours, remote or hybrid work, benefits, severance, layoffs, job classifications, promotion criteria, performance reviews, intellectual-property issues, health and safety, anti-harassment procedures, grievance handling and protection against arbitrary discipline. The final subjects depend on the unit and negotiations. Recognition alone guarantees none of these provisions.

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Keep expectations realistic: bargaining can take time, and a contract is not complete until the parties reach an agreement through their applicable approval process. Continue communicating accurately with members; do not present a proposal as an achieved benefit.

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Game-industry examples and what they show

Double Fine campaign reported in 2026

Windows Central reported on May 7, 2026 that workers at Double Fine announced a union effort with the Communications Workers of America, sought voluntary recognition and filed an NLRB election petition. The report described a contemplated group that included part-time and full-time employees. It also reproduced a Microsoft spokesperson’s statement: “We continue to support our employees’ right to choose how they are represented in the workplace.” The report is a dated account of that campaign; its status may have changed, so it should not be treated as a current determination about the studio.

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The example illustrates that workers can pursue voluntary recognition and an election petition as related strategic options, and that defining a unit that includes different schedules requires careful eligibility work.

ZeniMax quality-assurance vote in 2023

The Associated Press reported on January 3, 2023 that about 300 ZeniMax quality-assurance workers voted to join a union and that Microsoft accepted its formation. This is a historical example of a game-industry unit and a recognition outcome. It does not establish the unit’s present bargaining status or guarantee that another studio will follow the same path.

Common mistakes and practical fixes

Announcing before building a base

Problem: A public announcement is made before organizers have spoken with enough coworkers or secured advice about the unit.

Fix: Start with a representative committee, map the workplace and build durable support before choosing a public launch.

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Treating 30% as a winning number

Problem: Workers assume that collecting the filing minimum means the union has won.

Fix: Explain internally that the figure starts an election process. Prepare for a majority vote and account for eligibility questions and attrition.

Assuming every game worker belongs in one unit

Problem: The campaign counts contractors, supervisors or employees of a separate legal entity without checking their status.

Fix: Obtain a unit and jurisdiction analysis from an experienced adviser and use the proposed unit—not the entire studio headcount—for support calculations.

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Making promises about the first contract

Problem: Organizers guarantee raises, no layoffs or a specific remote-work policy.

Fix: Describe goals and bargaining priorities as proposals. Explain that terms must be negotiated and approved.

Ignoring retaliation risks

Problem: Workers delete messages, confront management alone or wait too long to seek help after a threatening incident.

Fix: Preserve original records, write down dates and witnesses, use calm communications and contact the NLRB or union representatives promptly.

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Using an unverified card process

Problem: Cards are altered, duplicated, stored insecurely or signed without employees understanding their language.

Fix: Use the sponsoring union’s approved materials and chain of custody, answer questions before signing and protect personal information.

A practical launch checklist

  1. Identify several trusted coworkers across departments, shifts and locations.
  2. Discuss shared concerns and confirm that employees want to explore collective representation.
  3. Form an organizing committee with clear confidentiality and communication practices.
  4. List job classifications, employment statuses, locations and reporting lines.
  5. Ask an established union, worker organization or labor counsel for guidance.
  6. Contact the NLRB for current process information and check jurisdiction.
  7. Draft a proposed bargaining-unit description and identify uncertain classifications.
  8. Use approved authorization cards or another documented method to measure support.
  9. Maintain a secure, accurate support record and protect coworkers’ identities.
  10. Decide, with informed advice, whether to request voluntary recognition or file an election petition.
  11. Document threats, coercive questions, surveillance, promises or discrimination and report specific concerns promptly.
  12. After recognition or certification, establish a representative bargaining committee and prepare priorities for good-faith negotiations.

Questions to settle before taking a formal step

  • Who exactly is in the proposed unit, and who may be excluded?
  • Which workers are legally eligible to organize and vote?
  • How will support evidence be collected, stored and presented?
  • Does the employer have a structure that requires a jurisdictional review?
  • Would voluntary recognition or an NLRB election better fit the level and distribution of support?
  • Who will respond if management makes a threat, asks coercive questions or changes conditions?
  • How will the committee communicate with workers who are uncertain or opposed?
  • What bargaining priorities can members support, and which expectations need to be qualified as proposals?

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game industrygame studio unionlabor rightsNLRBunion electionunion organizingvoluntary recognition

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