Three Years After Union-Busting Settlement, Nintendo and Teksystems Face Two Labor Complaints

Two worker complaints filed against Nintendo of America and contracting firm Teksystems accuse the companies of violating parts of the National Labor Relations Act that protect organizing and forbid retaliatory discharge. Game File reported the complaints were filed on December 9, 2025 and January 6, 2026 and assigned to NLRB Region 19 in Seattle, and that both matters “have led to a signed charging letter against the employers” dated January 7, 2026 in the NLRB database.

The filings name alleged violations of NLRA clauses 8(a)(1) and 8(a)(4). Game File included the statutory explanation of 8(a)(1): “8(a)(1) bars employers from interfering with or restraining employees from their right to self-organize, ‘to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.’” GamesIndustry.biz quoted the related 8(a)(4) prohibition: “8(a)(4) prohibits employers from firing, discharging or otherwise discriminating ‘against an employee because he has filed charges or given testimony under this Act.’”

Procedurally, Game File noted that both complaints were assigned to Region 19 and had charging letters signed on January 7, 2026. As Game File explained, “An NLRB complaint is, by its nature a complaint, one that involves charging letters whose signatories attest to their accuracy. Complaints can lead to a settlement or a hearing before an NLRB administrative law judge as both sides get their say.”

Game File reported that the complaints were filed by “an individual or individuals whose identities are not publicly available.” Game File also said representatives for Nintendo and Teksystems did not reply to its request for comment by press time, and Kotaku similarly noted that neither company had commented when reporting the matters.

The new complaints arrive after a high-profile 2022 case involving QA contractor MacKenzie Clifton, who tested Smash Bros. Ultimate and other titles at Nintendo’s North American headquarters and said their contract was cut short after discussing unionization with then-President Doug Bowser. GamesIndustry.biz reported Clifton’s 2022 matter settled for $25,910 in pay, interest, and damages while noting Nintendo denied Clifton had been fired due to union efforts and insisted Clifton had disclosed “confidential information.” Other outlets rounded that figure to about $26,000.

A later update widely circulated on forums quoted Game File author Stephen Totilo as posting that “NEW: Three labor complaints against Nintendo of America and contracting firm TekSystems have been withdrawn, including two filed since December. No explanation for the withdrawal.” That update did not include NLRB docket numbers or official withdrawal records in the reporting available so far.

Industry context underscores why contractor practices matter: Game File noted Nintendo of America typically contracts with firms such as Teksystems for game-testing and customer service, and GamesIndustry.biz highlighted recent commercial strength for Nintendo, reporting Switch 2 sales of 10.36 million units and a 110 percent jump in net sales alongside a 19.5 percent rise in operating profit. As of the initial reporting, the NLRB charging letters dated January 7, 2026 and the companies’ lack of comment remain the primary public records in the story.