A complaint reently filed with the United States National Labor Relations Board (NLRB) has accused Nintendo, long a bastion of avoiding major legal issues, of being anti-union.

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The logo of Japanese gaming giant Nintendo is displayed at a show room in Tokyo on July 20, 2016. Tokyo shares sank on July 20, ending a six-day winning streak, with Nintendo plunging on profit-taking after more than doubling this month on the back of the Pokemon Go phenomenon.

The complaint was filed against Nintendo of America by an unnamed employee. As per the aforementioned worker, the company has hired a firm called Aston Carter in an attempt to discourage workers from forming a union, reports Game Rant. As of this writing, the case is still under investigation as the NLRB hasn't disclosed details yet.

If proven true, then this complaint would reval that Nintendo's American branch is infringing on the workers' legal right to unionize. That right was put forth by the National Labor Relations Act of 1935, but could be a little problematic concerning the company's Japanese origins.

That's because as a Japanese company, Nintendo as a whole isn't technically under United States labor laws. What this could mean is that while the larger company might remain unscathed, its American subsidiary based in Washington D.C. isn't.

According to Kotaku, the complaint was filed against the game industry giant and Aston Carter last April 15th. It alleges multiple anti-unionization practices, such as surveillance, retaliation against concerted activities, coercive statements, and even the discharging of employees who may or may not be involved in unionization talks.

The entire complaint can be read on the NLRB website if you're curious. But since neither Nintendo of America or its parent company have issued their official statements, there's not much to be read there for now other than the allegations being thrown the company's way.

This issue comes after Nintendo of America president Doug Bowser commented on the issues surrounding Activision Blizzard - perhaps the number one video game company these days when it comes to trying to put down workers' unions. As reported by Nintendo Life, Bowser sent an email calling the legal issues "distressing and disturbing."

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What This Could Mean For Nintendo And The Industry

If the complaint's allegations are proven true (and if the courts rule in favor of the disgruntled employee), then it could very well lead to the formation of perhaps the second workers' union in North America's triple-A video game industry. But it would also be in direct contradiction to the Japanese company's roots.

The distinction of being the first workers' union in the North American big budget game industry igoes to Activision Blizzard subsidiary Raven Software. In a historic decision, the QA testers at Raven have formed a union back in late January and has been asking for voluntary recognition ever since.

 

That is not all. If Nintendo of America did put out efforts to stifle unionization, then it would go against how Japanese companies have recognized labor unions as a whole back home. In a report about Japan's employment system on the Japan Institute for Labor Policy and Training, it was revealed as much as 93.4% of unions in Japan have reached some form of agreement with their employers to exercise primary labor rights.

It was not made clear whether Nintendo Japan has allowed unions itself, but this is certainly a topic to think about.

This is a developing story.

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Written by RJ Pierce

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