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padib said:

If NOA does not want a union, what legal means does it have to defend that direction? 

If enough workers at Nintendo of America decide they want a union, there will be a vote and there isn't really much Nintendo can do about there being a vote. That's why they, like many other U.S companies, try to stifle (not explicitly because that would be illegal) and retaliate against organizers (again implicitly) before it gets that far. 

The NLRA is pretty clear about there being a legal right to form unions in the United States.