To start a union at a U.S. video game studio, workers first build support among coworkers, form a representative organizing committee, document support with authorization cards or a petition, and then choose between asking the employer for voluntary recognition or petitioning the National Labor Relations Board (NLRB) for a secret-ballot election. Voluntary recognition generally requires majority support in the proposed bargaining unit; an NLRB election petition requires support from at least 30% of that unit, but 30% does not win an election.
This guide describes the federal process for most private-sector workplaces. Check your state and local law, your country’s rules if you are outside the United States, and your own employment status. The NLRB decides whether it has jurisdiction and whether the proposed bargaining unit is appropriate.
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What starting a studio union actually does
A union is a group of employees that chooses a representative to bargain with the employer. Organizing creates a process for workers to act collectively; it does not automatically produce a raise, prevent layoffs, change schedules, or create a contract. If workers are represented, the employer and union must bargain in good faith over mandatory subjects such as wages and hours. The parties may reach an agreement, continue bargaining, or reach an impasse, and neither side is required to accept a particular proposal.
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The federal rules in this article come from the NLRB, the Department of Labor’s WORK Center, and Worker.gov. They are not a determination that a particular studio, role, or proposed unit is eligible.
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1. Start with coworkers and concrete workplace concerns
Begin with private, trusted conversations. Ask colleagues what they want to improve, protect, or make predictable, and listen for issues shared across the studio rather than presenting a finished platform. Possible game-industry concerns include crunch and overtime, pay, layoffs, benefits, job security, harassment procedures, and quality-assurance working conditions. These are examples for discussion, not findings about every studio.
Use open-ended questions: What makes the job difficult? Which changes would make the largest difference? What would you want written into a collective agreement? Which concerns affect more than one role or department? Record themes without exposing anyone’s identity unnecessarily. A clear list of issues helps coworkers decide whether collective bargaining addresses their problems and prevents the campaign from becoming a single person’s project.
Form an organizing committee
The WORK Center describes an organizing committee as a common way to build support. Recruit people who can communicate with different parts of the workplace, including production, engineering, art, design, audio, localization, community or support, and quality assurance where those jobs are part of the proposed unit. Include different shifts, locations, remote arrangements, and employment arrangements when appropriate.
Representation on the committee is a practical goal, not a legal guarantee that every role belongs in one unit. Keep the group small enough to coordinate and broad enough that coworkers recognize themselves in it. Agree on basic responsibilities: who gathers concerns, who checks in with a department, who maintains a private support count, and who communicates with an outside organizer or the NLRB.
Respect the choice to organize or not
Employees have a right to organize or refrain from doing so. Do not treat silence as consent or tell a coworker that participation is mandatory. Give people room to ask questions, decline a conversation, or reach their own decision. A campaign built on informed support is more durable than one built on pressure.
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2. Work out who may be in the bargaining unit
The proposed bargaining unit is the group of employees that would share a representative. The NLRB reviews whether that group is appropriate; workers cannot assume that a self-selected department will automatically be approved. The support percentages used in the process are measured against employees in the proposed unit, so an uncertain unit boundary can change the denominator.
Most private-sector employees are covered by the National Labor Relations Act, but independent contractors and supervisors are generally excluded, subject to limited exceptions. Whether a person is an employee, an independent contractor, or a supervisor can be legally fact-specific. A job title alone should not be treated as the answer. Ask an NLRB Regional Office or a qualified labor professional about disputed roles.
Map the workplace before counting support
- List departments, job classifications, locations, shifts, and reporting lines.
- Separate employees from people whose status may be independent-contractor or supervisory.
- Note shared supervision and working conditions that could connect roles.
- Write down the unit you are proposing and the assumptions behind it.
This map is for organizing decisions, not a substitute for an NLRB determination. The Board may investigate jurisdiction, possible election bars, and the appropriate unit before an election proceeds.
3. Get organizing guidance
Workers can contact an established union for support and guidance, or they can seek to organize an independent union. The WORK Center recognizes both paths. An established union may provide organizers, training, legal support, and bargaining experience; an independent union may give workers more control over structure and affiliation. Neither route guarantees recognition or a contract, and no particular union is presumed to have agreed to assist your studio.
When speaking with an organizer, bring your workplace map, the issues coworkers have identified, questions about employment status, and an estimate of support. Ask how the organizer handles confidentiality, unit questions, communications, and the transition from organizing to bargaining. You remain responsible for deciding whether the advice fits your workplace.
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4. Build support and document it carefully
As conversations continue, ask coworkers whether they support representation by the proposed union or organizing group. Authorization cards or petitions are common ways to document that support. Make sure each person understands what they are signing and which proposed unit the support concerns. Keep records secure and limit access to people who need them for organizing work.
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Check support across the whole proposed unit
A committee concentrated in one department may not reflect the unit the NLRB would consider appropriate. Continue conversations in every classification you expect to include. If support is uneven, ask whether the unit is too broad, whether coworkers need more information, or whether a different unit better reflects shared employment interests. Do not redraw the unit solely to produce a preferred percentage; the NLRB reviews appropriateness.
5. Choose how to seek recognition
There are two central routes under the federal process.
| Route | Support needed to begin | Who decides recognition | What follows |
|---|---|---|---|
| Voluntary recognition | Majority support in the proposed unit | The employer may agree to recognize the union | Recognition establishes the representative relationship; the parties then bargain in good faith |
| NLRB election | At least 30% support in the proposed unit to file a petition | The NLRB administers a secret-ballot process if the case is appropriate; a majority of votes cast determines the result | If the union wins, the NLRB certifies it and the employer must bargain in good faith |
Reaching either percentage does not make the next step automatic. An employer may decline voluntary recognition, and the NLRB may need to resolve jurisdiction, unit, or election-bar questions before conducting a vote.
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Route A: Request voluntary recognition
- Define the proposed unit and confirm that your support count is based on that unit.
- Verify that a majority of employees in that unit support representation.
- Decide who will deliver the request and what evidence of majority support will be provided.
- Ask the employer to recognize the union voluntarily.
- If the employer recognizes the union, prepare for bargaining; recognition is not a finished contract.
Voluntary recognition depends on the employer’s agreement. Majority support gives workers a basis to make the request, but it does not guarantee that the employer will accept it.
Route B: Petition for an NLRB election
- Identify the proposed unit and gather evidence showing support from at least 30% of employees in that unit.
- File an election petition with the NLRB Regional Office nearest the workplace. Worker.gov and the NLRB can direct you to the appropriate office.
- Cooperate with the NLRB’s investigation of jurisdiction, possible election bars, and the proposed unit.
- If the case proceeds, participate in the Board-administered secret-ballot process under the rules and schedule established for the case.
- If a majority of votes cast favors the union, the NLRB certifies the union as representative of the unit.
The 30% showing starts the petition process; it is not a prediction of the vote and is not the percentage required to win. The relevant election majority is a majority of votes cast, not necessarily every employee in the proposed unit.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.6. Prepare for the organizing campaign without overpromising
Give coworkers accurate information about the proposed unit, the route you are considering, and what representation can and cannot deliver. Separate campaign goals from guaranteed outcomes. A union can seek terms in bargaining, but no article or organizer can promise a particular raise, schedule, staffing level, protection, or contract clause before negotiations occur.
Keep a single, current explanation of the unit, the support-counting method, and the recognition route so coworkers receive consistent answers. Decide who speaks publicly for the group and how internal disagreements will be handled. Protect personal information in your records and avoid publishing names or signatures without permission.
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Random freezes, missing sound and display glitches usually trace back to one bad driver. Find and replace yours safely.Free scan · under a minuteIf you believe a workplace event may violate labor law, contact the NLRB promptly rather than relying on a general guide. NLRB guidance says an unfair-labor-practice charge generally must be filed within six months of the alleged violation, although the facts can affect deadlines. The Regional Office can explain the applicable deadline and whether the NLRB is the right agency.
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7. What happens after recognition or an election win
Representation comes before a contract
Voluntary recognition or NLRB certification establishes the union as the representative for the bargaining unit. It does not instantly change pay, schedules, benefits, staffing, layoffs, or studio policies. Those subjects must be addressed through bargaining and any resulting agreement.
Begin bargaining in good faith
The employer and union must bargain in good faith over mandatory subjects, including wages and hours. Good-faith bargaining requires the parties to meet and negotiate seriously; it does not require either side to accept a specific proposal or guarantee that negotiations will end in an agreement. Bargaining may continue toward a contract or reach an impasse.
Turn workplace concerns into proposals
Use the concerns gathered during organizing to set priorities. Define the problem, the change workers want, and the evidence supporting it. For example, a concern about crunch should be translated into a precise proposal about hours or scheduling rather than left as a slogan. Rank proposals so the committee can explain which issues are essential, which are negotiable, and what information is still needed.
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8. What game-industry organizing examples show
Recent video-game workplaces demonstrate that quality-assurance workers have used the NLRB process, while also showing why unit scope and employer response matter.
| Workplace | Reported result | What the example illustrates |
|---|---|---|
| Raven Software QA workers | 19–3 in an NLRB-administered election on May 23, 2022, as reported by Axios | The employer contested whether the proposed group was a viable bargaining unit, so unit scope can become a central issue |
| ZeniMax Studios QA workers | About 300 workers voted to join a union in January 2023, and Microsoft accepted the union’s formation, according to The Associated Press | An employer’s commitment to accept a union is a specific fact of that case, not the default outcome for every studio |
Senior game tester Wayne Dayberry, quoted by The Associated Press in the ZeniMax report, 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 statements describe his experience and should not be generalized to every quality-assurance department or studio.
9. Where to get official help
For a U.S. private-sector workplace, start with the NLRB’s Conduct Elections guidance and its Frequently Asked Questions. Worker.gov’s Forming a Union at a Non-Union Workplace page explains the worker-facing sequence, and the WORK Center’s Step-by-Step Guide to Forming a Union describes organizing committees and the option of working with an established or independent union.
Contact the NLRB Regional Office serving the studio for questions about jurisdiction, employee status, unit scope, election petitions, possible election bars, and filing deadlines. If the workplace is outside the United States, or if state law governs an issue outside the federal process, obtain guidance from the relevant labor authority before relying on these steps.
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