Nintendo of America is once again facing labor complaints from one or more of its workers. Game File reports that new charges accuse the Switch 2 manufacturer of violating sections of the National Labor Relations Act dealing with worker organizing and related union activities. These come just a few years after the company settled a previous labor charge with a former tester for $26,000.
The charges were filed on December 17 and January 6 against both Nintendo and tech contracting services firm Teksystems. They both list the following alleged violations of the NLRA: “8(a)(4) Discharge (including Layoff and Refusal to Hire)” and “8(a)(1) Concerted Activities (Retaliation, Discharge, Discipline).” Here’s an explanation of section 8(a)(1) in more detail from Game File:
8(a)(1) bars employers from interfering with or restraining employees from their right to self-organize, “to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”
While it’s unclear exactly what the nature of this particular labor dispute is over, it’s not the first time a Nintendo worker has taken the company to task over its labor practices with the NLRB. MacKenzie Clifton, who tested Smash Bros. Ultimate and other games at the company’s North American Headquarters, told Game File in 2022 they believed their contract was cut short for mentioning unionization to ex-President Doug Bowser during an online meeting.
Nintendo ultimately settled that case for damages and back-pay that amounted to $26,000, but it led many then-current and former contractors at the company to speak out about feeling underpaid and exploited. The company has since shifted some of its contractors to full-time roles while cutting others. IGN reported last fall that there were concerns among some at the company that Nintendo would be outsourcing more of its customer service work to overseas partners ahead of the Switch 2 holiday season.
