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To start a union at a U.S. video game studio, workers first build support among coworkers, form a representative organizing committee, document majority support, and then seek voluntary recognition or petition the National Labor Relations Board (NLRB) for a secret-ballot election. The NLRB must determine that it has jurisdiction and that the proposed bargaining unit is appropriate. These federal steps do not automatically apply in other countries, and state law, immigration status, job classification, and the facts of a particular workplace can change the analysis.
This guide explains the process for a private-sector studio. It is general information, not a determination that any particular studio, role, or proposed unit is covered.
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What starting a union actually does
A union is a group of employees that chooses a representative to bargain collectively with the employer. If the union becomes the representative of an appropriate bargaining unit, the studio must bargain in good faith over mandatory subjects such as wages and hours. Representation does not instantly produce a contract, a raise, a shorter workweek, or protection from layoffs. The parties must negotiate; neither side is required to accept a particular proposal.
The federal framework described here comes from the National Labor Relations Act (NLRA). The NLRB says most private-sector employees are covered, but independent contractors and supervisors are generally excluded, subject to limited exceptions. Whether someone is an employee, supervisor, or contractor can be fact-specific. Review the NLRB’s coverage guidance and ask the Board about your own status before assuming that every person at the studio belongs in the same unit: NLRB Frequently Asked Questions.
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Employees have the right to organize or to refrain from doing so. A campaign should give coworkers accurate information and leave each person free to decide.
1. Begin with private, practical conversations
Organizing starts before any petition is filed. Talk with trusted coworkers about what they want to improve or protect, then listen for issues shared across the studio rather than assuming that one department speaks for everyone.
Turn frustrations into specific workplace issues
Possible subjects in a game studio include crunch and overtime, pay progression, layoffs and job security, benefits, harassment reporting, promotion practices, and quality-assurance working conditions. These are examples of topics workers might raise, not findings about every studio. Ask questions such as:
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- What workplace practice causes the most avoidable harm?
- Which changes would make people more likely to stay?
- Do employees in different teams experience the same problem?
- What would a fair written policy look like?
Keep early conversations focused on coworkers’ experiences and goals. Do not promise an outcome that a future contract cannot guarantee. A union can bargain for proposals; it cannot guarantee that management will accept them.
Protect trust while support is still small
Use lawful, careful communication. Workers commonly begin with one-to-one conversations and small meetings rather than a public announcement. Do not pressure a coworker to sign a card or disclose how they intend to vote. Keep records of issues and contacts in a way that protects personal information, and follow applicable workplace rules for company devices and accounts. If you believe management is interfering with organizing, contact the NLRB promptly instead of trying to resolve a legal question from a general article.
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2. Build a representative organizing committee
The U.S. Department of Labor’s WORK Center describes an organizing committee as a common way to build support. The committee should include credible workers from the roles and working arrangements that may be in the proposed unit: for example, QA, engineering, art, design, production, localization, and support, as well as different shifts or locations where relevant.
What the committee does
- Collects concerns and checks whether they are shared across teams.
- Explains what union representation and bargaining can and cannot accomplish.
- Identifies which coworkers are employees and which may have different legal classifications.
- Plans outreach so that support is not concentrated in one department or shift.
- Maintains accurate, confidential records of conversations and authorization-card status.
Do not assume that everyone who works in the building belongs in one bargaining unit. The NLRB reviews the proposed unit’s appropriateness, and the employer may challenge the scope. A committee can organize broadly while seeking professional advice about the unit that should be proposed.
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Workers can contact an established union organizer for support and guidance, or they can pursue an independent union. The WORK Center’s Step-by-Step Guide to Forming a Union recognizes both approaches. Speaking with an organizer does not commit the group to a particular union; it gives workers a chance to understand cards, unit questions, elections, bargaining, and internal decision-making.
If you explore outside assistance, ask what services are offered, how the organization makes decisions, what dues or constitutional rules would apply after recognition, and who would represent the unit during bargaining. Do not describe an organizer as having agreed to help unless that agreement actually exists. An independent union still needs a clear structure, accountable leaders, and a plan for bargaining and member communication.
4. Define the proposed bargaining unit and measure support
Before counting support, write down whom the union would seek to represent and why. Include job titles, locations, shifts, and employment arrangements, then identify roles that may be supervisors or independent contractors. The relevant denominator is the employees in the proposed bargaining unit, not everyone who works for the corporate group or everyone who supports the campaign.
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Authorization cards and petitions
Workers commonly use authorization cards or petitions to document that employees want representation. Read the exact language before signing or asking someone else to sign. Keep the records secure and current; people can change their minds, jobs can change, and the final unit may differ from the initial list.
Why the 30 percent figure is often misunderstood
To start an NLRB election case, workers generally need support from at least 30 percent of employees in the proposed unit. That showing permits an election petition; it is not the percentage needed to win. The NLRB still investigates jurisdiction, possible election bars, and whether the proposed unit is appropriate. Reaching 30 percent does not make an election automatic. The NLRB’s election overview explains the threshold and investigation: Conduct Elections.
A campaign should normally seek a dependable majority before filing, because an election is decided by votes cast. A card count that barely clears the filing threshold is not a prediction of the result.
5. Choose how to obtain recognition
There are two central routes under the federal process: ask the employer to recognize the union voluntarily after demonstrating majority support, or ask the NLRB to conduct an election.
| Route | Support sought | Decision-maker and process | What follows recognition |
|---|---|---|---|
| Voluntary recognition | Majority support in the proposed unit | The employer agrees to recognize the union; recognition is not guaranteed merely because workers request it. | The union represents the unit and the parties must bargain in good faith. |
| NLRB election | At least 30% support to file a petition; a majority of votes cast is needed to win | The NLRB reviews jurisdiction and unit questions, then administers a secret-ballot election when appropriate. | Certification establishes representative status and the duty to bargain; it does not itself create a contract. |
Route A: request voluntary recognition
After the committee has verified majority support, it can ask the studio to recognize the union. The request should identify the proposed unit and provide a reliable basis for the majority showing. An employer may agree, ask questions, or decline. Voluntary recognition is a separate route from an NLRB election, and a request does not compel the employer to accept it.
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If recognition is granted, document the date and the unit recognized. Then prepare for bargaining rather than treating recognition as the finish line. The parties still need to exchange proposals, select representatives, schedule sessions, and negotiate a first agreement.
Route B: file for an NLRB election
If the employer does not voluntarily recognize the union, workers can file an election petition with the nearest NLRB Regional Office. The petition must show support from at least 30 percent of employees in the proposed unit. The Board then investigates jurisdiction, possible bars to an election, and the unit’s appropriateness. If the case proceeds, the NLRB conducts a secret-ballot vote.
- Identify the Regional Office. Use the NLRB’s regional-office information and ask which office handles the studio’s location.
- Prepare the petition and showing of interest. Provide the proposed unit description and authorization-card or petition evidence meeting the filing threshold.
- Participate in the Board’s investigation. Be prepared to explain job duties, supervision, locations, shifts, and employment classifications. The employer may dispute jurisdiction or the unit.
- Review the election details. The Board sets the appropriate voting group, date, and procedures if an election is directed.
- Vote by secret ballot. The union becomes the representative if it receives a majority of the votes cast, not a majority of every person originally contacted.
The NLRB’s process can include legal questions and election bars. Do not tell coworkers that filing guarantees a quick vote or that a self-selected group will automatically be approved.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.6. Understand what a successful vote changes
When a union wins a majority of votes cast, the NLRB certifies it as the representative of the unit. Voluntary recognition similarly establishes representation when the employer agrees. In either case, the studio and union must bargain in good faith over mandatory subjects, including wages and hours.
What bargaining looks like
- The union surveys members and turns priorities into proposals.
- The employer and union exchange proposals and meet through a negotiated schedule.
- Both sides must bargain sincerely, but neither must agree to a particular proposal.
- Bargaining can continue until the parties reach an agreement or a lawful impasse.
- A contract takes effect only after the parties reach and approve an agreement under their chosen rules.
Mandatory subjects generally include pay and hours. Other demands may be permissive or outside the bargaining obligation, so obtain advice before presenting a proposal as legally required. Certification is not a finished contract and does not guarantee a specific raise, schedule, benefit, or layoff policy.
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Set expectations for members
Explain how bargaining representatives will be selected, how members will receive updates, and who can approve a tentative agreement. A clear internal process prevents the campaign from promising that one vote will immediately solve every workplace issue.
7. Know your rights and deadlines
The NLRB states that employees have the right to organize or refrain from organizing. If you believe a right has been violated, contact the appropriate NLRB Regional Office quickly. NLRB guidance says an unfair-labor-practice charge generally must be filed within six months of the alleged violation, although the facts can affect the deadline. Do not wait for a campaign to end before asking about a possible charge. The NLRB’s FAQ has contact and deadline information: NLRB Frequently Asked Questions.
Keep a contemporaneous record of dates, statements, disciplinary actions, schedule changes, or other events you believe relate to organizing. A record does not prove a violation by itself, and this article cannot determine which agency or deadline applies to a particular dispute. The Regional Office can explain the next step.
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Recent video-game workplaces demonstrate that QA workers have used the federal process, while also showing why unit scope and employer conduct matter.
| Workplace | Reported result | What it illustrates |
|---|---|---|
| Raven Software QA | Workers won an NLRB-administered vote 19–3 on May 23, 2022, according to Axios. | The employer contested whether the proposed group was a viable bargaining unit; unit scope can be disputed. |
| ZeniMax QA | About 300 QA workers voted to join a union in January 2023, and Microsoft accepted its formation, according to The Associated Press. | An employer commitment to accept the union can differ from the contested-election route; the example is not a default every studio should expect. |
In the Associated Press report, senior game tester Wayne Dayberry described the conditions that motivated workers: “Throughout the industry, the quality assurance departments are treated poorly, paid very little, and treated as replaceable cogs,” he said. He also said, “There’s not a lot of dignity involved in it.” Those comments describe his experience and should not be treated as a finding about every QA department or studio.
9. A practical organizing checklist
- List shared concerns. Separate widespread issues from one person’s dispute, and identify changes workers could realistically negotiate.
- Map the workplace. Record departments, shifts, locations, reporting lines, and employment classifications without assuming that all roles belong in one unit.
- Form the committee. Recruit trusted workers across the likely unit and establish secure communication and record-keeping.
- Get advice. Speak with an established union organizer or develop an independent union structure; ask about dues, governance, bargaining support, and obligations.
- Learn the legal boundaries. Check employee, supervisor, and contractor status and ask the NLRB about jurisdiction and unit questions.
- Build support. Explain authorization cards, representation, bargaining, and the right to refrain; do not coerce or promise guaranteed outcomes.
- Verify the showing of interest. Count support against the employees in the proposed unit, remembering that 30 percent is the NLRB filing threshold, not a winning percentage.
- Select a route. Request voluntary recognition after majority support, or file an election petition with the appropriate Regional Office.
- Prepare for the Board process. Keep evidence organized and be ready to explain why the proposed unit is appropriate.
- Plan for bargaining before the vote. Set member priorities, choose negotiators, and establish a transparent approval process for a first contract.
Where to get official help
Start with the NLRB Regional Office serving the studio’s location for questions about jurisdiction, bargaining-unit scope, election petitions, and possible unfair-labor-practice charges. The Department of Labor’s WORK Center guide provides a worker-oriented organizing sequence, and Worker.gov explains the non-union workplace process at Forming a Union at a Non-Union Workplace. Because deadlines and eligibility are fact-specific, use these agencies for current, case-specific guidance rather than relying on a general summary.
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