Microsoft enters ‘labor neutrality agreement’ with CWA union

The technology industry has long been anti-union — not because workers aren’t interested in organizing, but because big companies have always been interested in spending money to shut unions down.

Amazon, Google and Apple were all accused of union-busting in the last year. They allegedly spent a lot of money to dissuade workers from organizing. Videogames are also subject to this hostile attitude. Activision Blizzard, Nintendo were both charged by the National Labor Relations Board in 2022. They are accused of retaliation for organizing workers and other allegations.

Microsoft is currently awaiting approval from the Federal Trade Commission for a purchase of Activision Blizzard worth $68.7. However, it appears that they are taking an alternative approach to this matter: neutrality. On Monday, Microsoft and the Communication Workers of America (CWA) jointly announced that they’ve entered into what’s called a labor neutrality agreement, which is basically a contract in which Microsoft agrees in writing that it won’t deter union efforts. The Activision Blizzard acquisition deal will be finalized and the agreement will take effect within 60 days. It’s building off a promise Microsoft made last week — that it won’t interfere Raven Software’s new union.

Microsoft will first be neutral when union members are expressed interest. The second benefit is that covered employees can easily communicate with their fellow employees and representatives of the union about joining a union. It encourages information sharing and prevents interruptions to businesses. The third benefit is that employees can choose to join or decline a union through a streamlined and technology-based process. Employees can choose to keep this information private and confidential if necessary. The agreement also provides that if there is a conflict between Microsoft and CWA they will immediately work to resolve it. In the case of disagreements, Microsoft will use expedited arbitration to have the matter remediated. Activision employees will not be affected by this agreement.

Raven Software employees of Activision Blizzard are organizing from 2021. This was after the media exposed alleged cases of gender discrimination or sexism at Raven Software. Raven Software QA workers staged a strike after being denied contracts by the company for several of them. Activision Blizzard seemed to have fought the union push for months, which led into May 2022’s union vote. Duty call: WarzoneThe right to form an union was won nineteen to three votes.

Bobby Kotick, Activision Blizzard CEO, was elected to the Raven Software QA voting. did promise to recognize the union, but that’s something that the company is legally obligated to do under federal law. Microsoft’s promise — now in writing — would effectively neuter Activision Blizzard’s hostility. According to Brad Smith, Microsoft’s president, neither Activision Blizzard or Kotick was involved in the agreement. However it will not matter once the merger is completed and the neutrality agreements are in effect.

“This agreement provides a pathway for Activision Blizzard workers to exercise their democratic rights to organize and collectively bargain after the close of the Microsoft acquisition and establishes a high road framework for employers in the games industry,” CWA president Chris Shelton said in a news release. “Microsoft’s binding commitments will give employees a seat at the table and ensure that the acquisition of Activision Blizzard benefits the company’s workers and the broader video game labor market.”

Smith denied that the CWA agreement was an attempt to get Microsoft’s Activision Blizzard merger through the FTC’s antitrust regulators, according to the Post.

Regardless of Microsoft’s intention, the company’s shift toward neutrality over hostility is an important signal for both the technology and video game industries. The company’s shift toward neutrality over hostility will, at minimum, make Activision Blizzard workers more likely to be unionized. It could even help Microsoft employees reach their own bargains.

In North America, union sentiments are changing across all workforces. Workers want a say in how they’re compensated and treated at their jobs. These past years have seen a tremendous amount of progress in the last few years. Before 2021, there weren’t any video game development unions in North America. There are three now — at Beast Breaker developer Vodeo Games, which voluntarily recognized Vodeo Workers United in December and Raven Software’s QA workers with Game Workers Alliance, both with CODE-CWA, and Dragon Age Dread Wolf QA Contractors at Keywords Studios, United Food and Commercial Workers Canada Union Local No. 401.

There is still a lot of work to be done in unionizing the video game industry, but workers — specifically, the most vulnerable workers at the bottom of the wage scale — are organizing. And they’re starting to win moral victories as well as victories on paper.