Indie studio Tender Claws unionizes under CODE-CWA

A second videogame studio has merged.

Workers at Los Angeles-based indie studio Tender Claws will unionize with the Communication Workers of America’s Campaign to Organize Digital Employees, workers told Polygon this week. Union members will include at least thirteen workers from several departments including programmers and producers as well full-time artists and producers. The workers stated that 100 percent support the efforts.

Tender Claws’ union is called Tender Claws Human Union, a nod to the company’s own game, Virtual Virtual RealityThis game features an AI in-game integration for AI users. “[Virtual Virtual Reality] is very much about the gig economy and worker rights,” Tender Claws 3D artist Liz Walcher told Polygon. “It’s a little silly and tongue in cheek, but we felt that it was too good to pass up.”

Tender Claws workers presented management on Tuesday with a petition asking for voluntary recognition. “While the signatures aren’t finalized, management has agreed to recognize TCHU-CWA pending a mutually acceptable agreement, and we look forward to working with them,” workers said. Tender Claws Human Union submitted its petition to the National Labor Relations Board on Friday.

Tender Claws, founded in 2014 by Danny Cannizzaro & Samantha Gorman, has created a variety of virtual-and alternate-reality experiences. One of these is an AR virtual pet, which responds to players’ expressions. TendarSurreal and fantastic virtual reality comedy Virtual Virtual Reality Virtual Virtual Reality 2.. A recent studio project is The Under Presents Tempest, a live VR “immersive theater experience” based on the Shakespeare play. Tender Claws is also available as an indie camp game Wide Ocean and Big Jacket 2020

Polygon received the following statement from Gorman and Cannizzaro via a spokesperson

Tender Claws is a small studio that has made an outsized impact on the industry — something that would not be possible without the creativity, talent, and commitment of our employees. We are extremely proud of all we’ve achieved together, and are grateful to work with like-minded people who are eager to explore art, technology, and human connection. We’ve worked hard over the years to make Tender Claws a supportive place to work where employees have the flexibility they need to pursue their own artistic and commercial endeavors, learn new skills, and repeatedly return to work together. We are proud to work alongside the Tender Claws Union, working together to create the most productive and positive environment possible for Tender Claws.

“I want to keep the things I love about Tender Claws, while also making sure that we can have a future here,” Tender Claws gameplay programmer Robin LoBuglio told Polygon. “Some of the issues we as a union are going to be advocating for are more opportunities for employees to participate in things like diversifying the hiring process and establishing pay equity among all employees. [We’re also] pursuing some concrete anti-crunch measures to make sure we all have a sustainable work life balance and opportunities for growing our careers and growing as developers.”

After years of silence (and some not so quiet organizing), the video gaming industry is now in its early stages of unionization. North America’s first video game union, founded by employees of Beast Breaker Vodeo Games is a developer that made its historical debut in 2021. Activision Blizzard QA workers and Keywords Studios created new units. Those studios voted to support their unions. Other workers, such as former Vicarious Visions QA employees at Blizzard, have been in the process longer than others. They asked Activision Blizzard last week for recognition of its union. (Activision Blizzard did not respond to the petition, instead choosing to “provide a response to the petition to the [National Labor Relations Board].”)

“Waking up yesterday and seeing the Blizzard Albany news going public, that was very emboldening,” LoBuglio said. “A lot of people will assume that unions are only for huge, sprawling, corporate AAA companies, or they’ll assume it’s impossible to unionize big companies — only small ones are what you can do. The perfect synchronization between us and the workers at Blizzard Albany shows that unions are for everyone at every company.”

Walcher added: “There’s this notion that somebody needs to come along and unionize the industry, but that’s not how it happens. Unionization was achieved in the sector. Unions represent the workers. It’s been exciting to see this wave of change on the horizon, bit by bit, drop by drop.”

Increased union activity in a number of sectors has markedly impacted 2022. According to the NLRB, election petitions are required to be filed prior to a union vote if a union isn’t voluntarily recognized. These petitions have seen a 58% increase in filings in the three quarters that began in 2022. The NLRB also stated that unfair labor practices charges have increased in 2022. This is an 16% increase over 2021.

Unfair labor practice accusations were filed against several videogame firms in 2022. These include Activision Blizzard, Nintendo of America, and Activision Blizzard. An employer or union is charged with unfair labor practice if it violates the National Labor Relations Act. This 1935 law guarantees that workers have the right to strike, bargain collectively and unionize.

According to economic indicators, the U.S. could be heading towards a recession as rent and prices rise, wages stagnant, and corporate profits reach record levels. This is why public support is so high for unions. That’s all on top of what Vox describes as “a tight labor market, record inequality, and a pro-union administration.” Despite this historic rise, union membership was down in 2021, Vox reported, likely a response to “anti-union policy” and “the rise of gig work.”