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Forums - Nintendo Discussion - Nintendo allegedly violates Workers rights to organise

So overall unionizing won't change anything?



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The value of unions is controversial. A company should have a certain leeway in accepting them inside a workplace and it shouldn't be imposed. If NOA does not want a union, what legal means does it have to defend that direction? Hopefully Nintendo can fix their missteps and also find a lawyer than can help them.

In my book, this is another case of a witch hunt that has now become a bit of a fashion. I'm not a fan of it, these matter should be dealt with more privately. But we are weak and love a good show and love to accuse and blame. What's new under the sun?

TL:DR Businesses should have a legal means to avoid a union forming if it can be detrimental to the company.

For more information: The Pros and Cons of Unions
https://smartasset.com/career/the-pros-and-cons-of-unions
Summary:
Pro 1: Unions increase pay and benefits for workers.
Pro 2: Unions set up formal processes for disputes and complaints.
Pro 3: Unions make political organizing easier.
Pro 4: Unions set norms that extend to the rest of the economy.
Con 1: Unions can make it harder to promote great workers and get rid of not-so-great workers.
Con 2: Unions can require dues and fees that some workers might not want to pay.
Con 3: Unions can lead to a closed culture that makes it hard to diversify the workforce and weed out bad actors.
Con 4: Unions can drive up costs and lead to an adversarial relationship between labor and management.



The problem that I have is that Nintendo is a company that condemns people who do things like make personal backups of their 20-30 yr old cartridges that are practically irreplaceable on the used market and are rapidly failing due to age and uses the law as their justification for this position.  They are a major outlier in the gaming industry in terms of aggressively enforcing their legal rights to the point where, in my opinion, it is a major overreach.  Almost monthly, I hear or watch stories about how a Nintendo civil suit destroyed the life of some average person (usually a fan) that was sharing ROMs, which is admittedly illegal, while I frankly almost never hear similar stories coming from Microsoft, Sony or Sega.

Nintendo demanding that we as gamers abide by the finer points of incredibly complex Copyright Law and accuse anybody who doesn't as being pirates, criminals, etc makes me want to hold the company to a much higher standard than anybody else in the industry.  As a result, when I hear stories like this I get doubly (no triply) angry at Nintendo.  It also upsets me quite a bit to see how many gamers are making excuses for this company and minimizing a fundamental human right such as the right to form a union.  I don't know if Nintendo is guilty of wrongdoing here but if they are, I hope that they are penalized to the maximum extent of the law the same way that they have happily laid multi-million dollar civil penalties on young gamers in their parents basements that have screwed up a shared a ROM online.



From what I have heard Japanese companies hate unions. According to a cousin that works in the automotive industry, if a car factory that belongs to a Japanese company tries to unionize they will shut the factory down and let it die rather than deal with a union. I'd assume that comes from the ideal that your loyalty should be with the company and if you're with a union your loyalty lies with them. Which is a fair criticism if you run a decent company that takes care of its staff, but Japan is also infamous for so-called 'black companies' that abuse their workers so that could be a roll of the dice.



Illusion said:

The problem that I have is that Nintendo is a company that condemns people who do things like make personal backups of their 20-30 yr old cartridges that are practically irreplaceable on the used market and are rapidly failing due to age and uses the law as their justification for this position.  They are a major outlier in the gaming industry in terms of aggressively enforcing their legal rights to the point where, in my opinion, it is a major overreach.  Almost monthly, I hear or watch stories about how a Nintendo civil suit destroyed the life of some average person (usually a fan) that was sharing ROMs, which is admittedly illegal, while I frankly almost never hear similar stories coming from Microsoft, Sony or Sega.

Nintendo demanding that we as gamers abide by the finer points of incredibly complex Copyright Law and accuse anybody who doesn't as being pirates, criminals, etc makes me want to hold the company to a much higher standard than anybody else in the industry.  As a result, when I hear stories like this I get doubly (no triply) angry at Nintendo.  It also upsets me quite a bit to see how many gamers are making excuses for this company and minimizing a fundamental human right such as the right to form a union.  I don't know if Nintendo is guilty of wrongdoing here but if they are, I hope that they are penalized to the maximum extent of the law the same way that they have happily laid multi-million dollar civil penalties on young gamers in their parents basements that have screwed up a shared a ROM online.

Seems odd that you are cool with theft, but not union busting.  I would think if you are the side of one, you would be on the side of both.



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Some new information has come up

Some of that fuzziness is evident in the filing, which lists employer's phone number as Aston Carter's Bellevue, Washington office but lists the address as Nintendo of America's (The charging letter was sent to NoA) - NLRB regional director will take 7-14 weeks to investigate



Sorry for the double post, my phone is being weird

Nintendo of America / Aston Carter said to have

-"discharged" employee who either tried to join or support a union
- cracked down on "concerted" labor activities
- surveilled employee



rapsuperstar31 said:

Seems odd that you are cool with theft, but not union busting.  I would think if you are the side of one, you would be on the side of both.

Please read my post.  I didn't say anywhere that I am "cool with theft."  All I am doing is holding Nintendo to the same extremely high standard that they expect all gamers to abide by.



Illusion said:
rapsuperstar31 said:

Seems odd that you are cool with theft, but not union busting.  I would think if you are the side of one, you would be on the side of both.

Please read my post.  I didn't say anywhere that I am "cool with theft."  All I am doing is holding Nintendo to the same extremely high standard that they expect all gamers to abide by.

Seems legit. After all, everybody I know who emulates Ninty games got mutli-million dollar lawsuits. It definitely isn't just the people deliberately cashing in on Nintendo's IP by selling ROMs or hacking gear.

C'mon, chief. As a man who *allegedly* pirates anime and manga by the boatload, I'm willing to admit that theft is theft. It's easy to rationalize when you financially support the people who you feel deserve your money after the fact, but I've never lied to myself about what I'm doing. 



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.