Activision Blizzard accused of ‘union-busting’ amid Raven QA hearing

Raven Software QA employees and Activision Blizzard workers want to determine whether they are eligible for Game Workers Alliance. This union was formed with assistance from Communication Workers of America (CWA) in January. On Wednesday, the National Labor Review Board heard testimony and it continued on Thursday. Union representatives have raised concerns about whether Activision Blizzard’s various responses to employees’ unionization efforts constitute union-busting.

The hearing was forced in late January after Activision Blizzard denied Game Workers Alliance’s request for voluntary recognition of the union. It is intended to determine whether employees may be added into the unit as well as who can vote against or for the union. Activision Blizzard, Game Workers Alliance and others will set the date for the vote from the hearing.

One of the complicated issues outlined during the hearing concerns Activision Blizzard’s reorganization of its QA staff following the announcement of Game Workers Alliance. That reorganization “embeds” the QA team into different teams across the company, like art, design, engineering, and audio, Activision Blizzard said in January. Though embedded QA is considered a positive adjustment for a video game studio, since its aim is to better include QA workers in the development process, the timing of Activision Blizzard’s reorganization raised questions among staff regarding whether their union was being intentionally split up. In January, CWA organizing director Tom Smith called the move “nothing more than a tactic to thwart Raven QA workers who are exercising their right to organize.”

The NLRB hearing will establish whether or not this reorganization reclassifies QA worker, thereby redefining eligibility terms for union employees. Game Workers Alliance is asking to be included in the union’s petition for only QA testing and lead employees at Raven Software. An Activision Blizzard spokesperson said in January that “All employees at Raven should have a say in this decision,” meaning it wants allRaven workers are eligible to vote. Game Workers Unite can only be recognized as a union if a majority votes are in their favor.

A number of senior-level executives have testified since Wednesday. These included studio head Brian Raffel, and senior directors Bill Fine, and David Pellas. CWA and Activision Blizzard spent much of their time discussing worker classifications, office layouts and job descriptions.

In a statement sent to press following the first day of the hearing, a CWA spokesperson said Activision Blizzard “presented an exhaustive and dishonest case around Raven QA workers’ job descriptions and day-to-day workflow in order to prevent them from moving forward with their union election.” A representative from the Game Workers Alliance called the process “demoralizing.” They said management held a meeting last week “to thwart […] organization efforts.” According to a report from the Washington Post, Pellas told staff at that time that a union “could limit the amount of overtime worked, which might affect the quality of a game upon launch.”

“The company has launched an anti-union campaign, spending thousands of dollars on notorious union-busting consultants,” CWA organizing director Smith said Wednesday. “The anti-union playbook is built around the tactics of abuse: gaslighting, manipulation, and creating intentionally stressful workplace dynamics to demoralize union supporters. It comes from a place of fear — fear of workers having an independent voice, backed by a union contract.”

An Activision Blizzard representative told Polygon that “it is clear [the union does] not understand the studio’s business needs, day-to-day operations, nor the gaming industry in general.” The full statement is as follows:

Despite the union’s heated rhetoric about this week’s hearing, it is clear they do not understand the studio’s business needs, day-to-day operations, nor the gaming industry in general. The facts are what we will be focusing on. We want to make sure that our employees can access all information regarding this election, including how it might affect them. Raven’s employees will be affected by this important decision. Every employee is entitled to their vote. All employees have the right to decide whether to join or not a union. We are respectful of that. This important issue is something we look forward to discussing with our employees.

CWA lawyers and the CWA are supporting Game Workers Alliance at the NLRB hearing. Activision Blizzard, however, has hired Reed Smith international law firm. The lawyers present at the hearing said on their Reed Smith profiles that they’ve, collectively, represented major companies across industries in discrimination and sexual harassment claims, wage disputes, and other labor violation cases. On its website, Reed Smith boasts its experience in “developing and sustaining robust union avoidance programs or support on an anti-union campaign.” In documents on that website, Reed Smith provides tips on spotting “early signs of a union-organizing attempt,” and then beginning a “counter-attack.”

The NLRB hearing will continue through Thursday. No election date has been announced. Activision Blizzard faces further allegations of sexual harassment and discrimination, according to a California Department of Fair Employment and Housing lawsuit. Activision Blizzard QA employees spoke out in August about their demands for work, the low salary and the intense crunch. Numerous lawsuits are ongoing and workers across the organization have taken to the streets in protest of discrimination claims. The U.S. filed one of the lawsuits. Equal Employment Opportunity Commission was awarded $18 million in settlement earlier in the year.

Microsoft plans to buy Activision Blizzard for $68.7 Billion. This deal will need to be reviewed by the government regulators. Bobby Kotick CEO has had to deal with calls for resignation from Activision Blizzard workersThe company’s leadership will remain with the media (including this outlet) until Microsoft is completed.