How to File an NLRB Unfair Labor Practice Charge for Nintendo Workers

1. Confirm the complaint fits an unfair labor practice

Begin by identifying conduct the NLRA covers: employer interference with union organizing, retaliation for protected concerted activity, unlawful surveillance, or refusals to bargain in good faith. ULPs are distinct from routine HR grievances—if management disciplined you for talking about wages or coordinating with coworkers, that can be a ULP even if the company frames it as policy enforcement.

2. Gather time‑stamped evidence and witness details

Collect emails, Slack/Discord screenshots, meeting notes, written warnings, pay stubs, and the names and contact details of coworkers who observed the event. Make sure screenshots show timestamps and sender/recipient details; preserve original files and export chat logs when possible. The NLRB investigator will rely on documentary proof and witness statements to assess whether to issue a complaint.

3. Note the exact dates and chain of events

Record the date of the alleged unfair act, any subsequent discipline or retaliatory act, and when you first raised the issue internally. Because the filing deadline is six months, a clear timeline—who said what, when, and where—matters. Include the names and titles of managers involved; for Nintendo workers that often means local leads or corporate communications from Nintendo of America in Redmond.

4. Decide who will file (you, a coworker, or a union rep)

Anyone with standing may file a charge: the worker affected, a coworker acting on their behalf, or an authorized union representative. If you are represented by a union in another matter, coordinate with it; unions commonly file charges on behalf of members and can provide legal support and witness coordination.

5. Complete the NLRB charge form accurately

The charge requires claimant and employer names, addresses, a succinct statement of allegations with dates, and your signature. Provide the employer as “Nintendo of America” (or the specific Nintendo entity that employed you) and your work location (e.g., Redmond, WA). Be concise but specific about the unlawful acts—generic complaints are more likely to be dismissed for insufficient detail.

6. File with the correct NLRB regional office (and use e‑filing when possible)

File the charge with the NLRB regional office that covers your workplace; the board offers electronic filing and accepts mail and in‑person filings. E‑filing speeds processing and creates an official timestamp; keep proof of submission. If you’re unsure which regional office covers your site, ask NLRB intake staff by phone or file online and the board will route it.

7. Expect an intake, investigation, and a possible settlement phase

After filing, the regional office assigns an investigator who may interview you, ask for documents, and contact the employer. Investigations can last weeks to months; in many cases the employer will be asked to respond and there’s an opportunity for settlement before a formal complaint. If the investigator finds insufficient evidence, the charge may be dismissed—if probable cause exists, the regional director can issue a complaint.

8. If the NLRB issues a complaint: hearings, remedies, and bargaining orders

A complaint leads to a hearing before an administrative law judge; remedies for ULPs include reinstatement, back pay, cease‑and‑desist orders, and sometimes bargaining orders that require an employer to recognize and bargain with a union. Remedies can reshape company practice—especially in the games industry where precedent around discipline and protected speech has real impact on studios’ policies.

9. Protect yourself from retaliation and document any new bad acts

Retaliation for filing a charge is itself a ULP. Keep documenting any adverse actions after filing—new write‑ups, demotions, or hostile communications—and report them to your investigator. The NLRB takes subsequent retaliatory acts into account and can seek additional remedies.

10. Consider legal counsel or worker‑advocacy help for complex cases

Complex cases—mass discipline, bargaining‑refusal claims, or requests for interim injunctive relief—benefit from counsel experienced with labor law and the NLRB process. If you’re part of organizing at Nintendo, a union or labor attorney can coordinate filing strategy, evidence collection, and bargaining requests.

11. Understand public record and corporate response dynamics

Charges and decisions enter the public record; employers often respond publicly through company statements. At Nintendo, public and internal messaging from executives can affect workplace climate and bargaining leverage, so factor communications into your strategy—preserve relevant internal memos and public statements.

12. Track timelines and appeal options

If a charge is dismissed, you can request reconsideration from the regional director or file a civil action in federal court in narrow circumstances. If the board issues a decision you disagree with, there are appeal routes to the full NLRB and federal courts. Keep copies of all filings and correspondence—these dates and documents matter for appeals and enforcement.