Sure, they are free to do that. I mostly take issue with the framing by the NYT, talking of "exploitation" and unionization as the only choice/way to fight back

Sure, they are free to do that. I mostly take issue with the framing by the NYT, talking of "exploitation" and unionization as the only choice/way to fight back. Especially the "exploitation" bit - game developers are not slaves, by a long stretch. If work conditions are bad, it is because many people fancy their job over the alternatives. You could also "fight" by creating your own game studio with better work conditions, for example. In my personal view, unionization is just blackmailing. That's my personal opinion, though (guess that doesn't make me better than the NYT, but at least I state it as my opinion, not as absolute truth). I am not sympathetic to unionization, because I think it probably harms the game developers who are currently unemployed, and it is not really fair play imo (it is banking on arbitrary laws that are not rooted in economic reality).