Los Angeles Times

Game testers form union

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A group of video game testers is forming Microsoft’s first labor union in the U.S., which will also be the largest in the video game industry.

The Communicat­ions Workers of America said Tuesday that a majority of about 300 quality-assurance workers at Microsoft video game subsidiary ZeniMax Studios has voted to join the union.

Microsoft already told the CWA it would accept the formation of the union at its Maryland video game subsidiary, fulfilling a promise it made to try to build public support for its $68.7-billion acquisitio­n of another big game company, Activision Blizzard.

Microsoft bought ZeniMax for $7.5 billion in 2021, giving the Xbox maker control of ZeniMax’s wellknown game publishing division Bethesda Softworks and popular game franchises such as “Elder Scrolls,” “Doom” and “Fallout.”

Senior game tester Wayne Dayberry said the unionizati­on campaign began before Microsoft took over and reflected workplace concerns that are common at video game companies.

“Throughout the industry, the quality-assurance department­s are treated poorly, paid very little and treated as replaceabl­e cogs,” said Dayberry, who has worked for five years at ZeniMax’s Rockville, Md., headquarte­rs on games such as “Fallout,” “Prey” and “The Evil Within.”

“There’s not a lot of dignity involved in it,” he said. “That’s something we’re hoping to show people in the industry who are in like situations, that if we can do it, they can do it as well.”

The unionizati­on campaign accelerate­d thanks to Microsoft’s ongoing bid to buy Santa Monica game giant Activision Blizzard. Microsoft, which is based in Redmond, Wash., made a June pact with the CWA union to stay neutral if Activision Blizzard workers sought to form a union.

The worker-friendly pledge sought to appeal to U.S. regulator concerns under President Biden about the labor implicatio­ns of massive business mergers, though it didn’t stop the Federal Trade Commission from suing last month to block Microsoft’s planned Activision Blizzard acquisitio­n. The case has its first scheduled hearing Tuesday and could drag on for months.

Two small units of Activision Blizzard workers were the first to certify unions last year in Middleton, Wis., and Albany, N.Y. A third, Activision Blizzard subsidiary Proletaria­t in Boston, filed a Dec. 27 petition with the National Labor Relations Board to unionize its 57 workers.

Microsoft’s legally binding neutrality agreement specifical­ly applied to Activision Blizzard workers after the closing of the merger. But it also reflects Microsoft’s broader principles on handling unionizati­on, which is still uncommon in the tech and gaming industries.

Dayberry said Microsoft’s neutrality promise gave workers confidence that there wouldn’t be any “retaliatio­n or union-busting, which there has been none of.”

Microsoft’s green light allowed the ZeniMax union certificat­ion to go through a third-party arbitrator rather than the lengthier process typically overseen by the NLRB.

“They have definitely stood by their word all along,” CWA spokespers­on Beth Allen said. “It’s pretty momentous. Microsoft is an outlier in the way tech companies have been behaving.”

The unionizing employees work in Rockville and Hunt Valley, Md.; Austin, Texas; and Dallas.

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