In what will hopefully make waves in the American manga industry, employees at Seven Seas Entertainment, publishers of localized manga and light novel titles such as Record of Lodoss War, Miss Kobayashi’s Dragon Maid, and Uzaki-chan Wants to Hang Out!, began the process for unionization in late May. The story has continued to develop in the following weeks, and likely will be doing so for a while. Let’s start from the top.
The First Announcement
On May 23rd, a scheduled tweet went live on the @_UW7S Twitter account, announcing that the employees had formed a union, United Workers of Seven Seas, and that they were working alongside the Communications Workers of America (CWA). The Twitter thread contains allegations of poor working conditions including low pay, lacking support, no sick days, and no insurance benefits. As such, the workers came to the conclusion that asserting their legal right to form a union would be the best way forward for all parties involved.
We, the workers of Seven Seas Entertainment (@gomanga), have formed a union. Attached is a screenshot of our mission statement. pic.twitter.com/UScmu2f1kO
— United Workers of Seven Seas (@_UW7S) May 23, 2022
United Workers of Seven Seas linked to their website, which has their mission statement showing their goals with this union. It really just boils down to some fairly basic requests like time off, sick leave, health insurance benefits, clarity in job expectations, and a better workplace structure. For those not versed in labor laws or industry terms, the two most obscure terms in their statement are the following:
- Weingarten rights. This is, in the most basic terms, an employees right to a union’s designated representative when said employee is under an investigatory interview. A useful comparison for our American readers is an individual’s Miranda right to an attorney when questioned by law enforcement. However, unlike the right to an attorney, employers are not required to inform union members of their rights under Weingarten.
- Kill Fees. This is essentially insurance against one’s work being canceled. Instead of losing hours of your life and having nothing to show for it, you will instead receive a smaller fee for the work already completed, regardless of its cancellation.
The Unionization Process
Now, there are two ways this unionization can succeed. The first and easiest is if Seven Seas Entertainment simply voluntarily recognizes it. This, unfortunately, did not happen. In a case such as this, the second method must be used, and that’s calling a special election with the Nation Labor Relations Board. To start the election process, a petition must be filed with the NLRB showing support from at least 30% of employees. The NLRB will then make sure the Board has jurisdiction, the union is qualified, and there are no existing contracts or other recent union elections. Shortly after the petition is filed, the employer is required to post a Notice of Petition for Election at the very least, where other notices are posted. If the employer communicates with employees in the petitioned-for unit through electronic means, the employer must also distribute the Notice of Petition for Election electronically to those employees.
The NLRB will mediate between the employer, union, and other parties to iron out all the details. Once an agreement is reached, the parties authorize the NLRB Regional Director to conduct the election. If no agreement is reached, the NLRB will hold a hearing and then may order an election and set the conditions in accordance with the Board’s rules. Elections are usually held on the earliest reasonable date after the approval. However, an election may be delayed if a party requests to block the petition based on alleged behavior that harms the employees’ free choice in the election. For example, if the employer offered to give a promotion or raise to those who didn’t vote. Make no mistake, this will be a long journey across rough waters for the employees at Seven Seas, but it’s not hopeless. Let’s look at the bad, then the good.
The Opposition
Surprising no one, Seven Seas Entertainment is not making this easy for United Workers of Seven Seas. Excluding the aforementioned refusal to voluntarily acknowledge, Seven Seas has allegedly hired known anti-union firm, Ogletree Deakins. As someone who works in the legal field, I know firsthand how expensive law firms are to hire, especially when they are paid by the hour. Ogletree Deakins, which describes itself as a “management advocate” firm, has past clients that include “a diverse range of clients, from small businesses to Fortune 50 companies”, putting them firmly in the topmost echelon of the business world. If they truly have been retained by Seven Seas, they will be putting some serious money into fighting this unionization effort.
Ogletree Deakins has poked a few holes in the sails by challenging the bargaining and voting rights of some employees. By using a very common legal loophole in the National Labor Relations Act (29 U.S.C. §§ 151-169), they are able to exclude anyone who has a “supervisor” title. This includes positions that are “supervisors” in name only. This includes titles like “senior” or “manager” and unfortunately led to the exclusion of a handful of employees from their effort. Rather than delaying the election and challenging the classifications, the group has decided to move forward without them. In my opinion, this was a solid move, as I would assume the opposition was expecting that to force a delay. With that factored in, the bargaining unit has a total of 36 individuals and 28 of those have pledged public support. Should that number hold, they have over three-quarters of the vote in favor, which would lead to a win.
The Path Forward and What You Can Do
Things are honesty looking promising for United Workers of Seven Seas, but, as always in the legal world, these things take time and there will inevitably be some delays. On June 15th, 2022, the group announced that the NLRB will mail their ballots on June 24th, 2022 with the votes being counted on August 1st, 2022. Should they win, this would be a historic moment in the American manga industry, as they would be the first union within it. But it’s just never that simple. Even if they win, in 25% of successful votes, negotiations can stretch out for three years or longer, as a study from 2009 found. Also in 2009, a Dish Network union was formed via vote and they only got their first contract earlier in 2022, about 12 years later. When asked if this movement has had a negative impact on their day-to-day experiences in the office, the employees stated that it has luckily been “business as usual”.
So what can you, dear reader, do to help? First and foremost, do not harass or threaten Seven Seas Entertainment or any party associated with them, especially on social media. It should go without saying, but the employees have already had to step up and say something once before. Next, the employees have not called for a boycott of Seven Seas Entertainment products. This is purely about getting better rights for their employees, not hurting the company. After that, you can tweet, share, and publicly pledge support for the employees through the steps outlined on their website.
No matter your stance on the issue, seeing such employee unity is commendable, and Seven Seas Entertainment is a prominent force in the American manga and light novel space. We will continue to watch this story closely and report on any developments.
