A former Nintendo of America QA worker who filed a National Labor Relations Board (NLRB) complaint against the company in April has reached a settlement with Nintendo of America and Aston Carter, a staffing agency.
Aston Carter will take liability for the NLRB charge and pay the former QA worker $29,910 in back pay, damages, and interest, according to the settlement documents obtained by Polygon. Additionally, Nintendo must post a notice, both in email and on-site at its office, informing its QA workers of their rights under the National Labor Relations Act. The notice must be posted for 60 consecutive days.
The settlement documents, in full, are available below.
Mackenzie Clifton, the aforementioned QA worker, spoke about the chance of a settlement with Axios in September; they asked for a “letter of apology” from Nintendo of America president Doug Bowser. Nintendo initially offered Clifton the opportunity to speak with HR, they told Axios. On Wednesday, the two sides seemed to reach an agreement. Their bilateral settlement agreement, which means both parties must uphold their end of the deal, was filed Wednesday with the NLRB.
Clifton filed the original charge in April, alleging that Nintendo of America fired them for “support[ing] a labor union,” according to the documents. They also said the firing was an effort to “discourage union activities and/or membership.” Kotaku reported in August that Clifton, a contracted QA worker, asked a question about unionization in a company meetings and was later fired for allegedly violating a non-disclosure agreement. Nintendo told Polygon earlier this year that Clifton was fired for divulging “confidential information,” but Clifton disputed that in an Axios interview, saying
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