Brandon Davis and his fellow pipefitters and welders at Montgomery-based HVAC company Comfort Systems USA Mid-South have successfully removed Steamfitters Local 52 union bosses from their workplace. Davis, who spearheaded the nearly two-year struggle to oust the union, received free legal aid from National Right to Work Legal Defense Foundation staff attorneys.

Davis’ effort kicked off in March 2023, when he filed a petition backed by his coworkers asking the National Labor Relations Board (NLRB) to hold a workplace vote to remove (or “decertify”) the union. The NLRB is the federal agency in charge of enforcing federal labor law, a task that includes adjudicating labor disputes and administering elections to install or remove unions.

While Davis’ petition contained more than enough employee signatures under federal law to trigger a union decertification election, he had a backup plan: To avoid any attempts by union officials to use litigation to hold up or cancel the election, he also submitted a copy of his petition to his employer. Under the 2001 Levitz Furniture Co. NLRB precedent, employers can legally withdraw recognition from union bosses as the “exclusive representative” of their employees upon receiving a petition that shows the union does not enjoy majority support among workers – which Davis’ petition did.

Because Davis and his coworkers work in the Right to Work state of Alabama, state law barred Steamfitters union officials from enforcing contracts that required union membership or dues payments as a condition of employment. However, in Right to Work states and non-Right to Work states alike, union officials still have the ability to impose their “exclusive representation” on every worker in a unionized facility, even those who vote against or otherwise oppose the union.

Steamfitters Union Bosses Sought Order Compelling Workers Under Union Control

Comfort Systems stopped recognizing the Steamfitters union in March 2023 based on Davis’ petition. Unfortunately, Steamfitters union officials still tried to trap Davis and his coworkers under their control. Steamfitters union bosses filed a number of unfair labor practice charges against Comfort Systems management in an attempt to elicit an order from the NLRB that would force the company to submit to bargaining with the union – despite the petition showing that the union no longer enjoyed majority support from the workers. One union boss charge even accused Davis of being a manager or being put up to seeking an election, alleging his collection of worker signatures was part of an illegal company plot.

In February 2025, NLRB Region 15 issued a complaint finding merit to the union’s unfair labor practice charges, including the claim that Davis was a member or agent of management. Davis’ Foundation attorneys quickly sought to intervene in the case between the Steamfitters union and Comfort Systems to rebut the union’s allegations. “Should Mr. Davis be denied Intervenor status, an unfavorable determination in this case could destroy the impact of the decertification petition he prepared, i.e., the lawful withdrawal of recognition by his Employer,” read the motion to intervene.

Under pressure from Davis and his Foundation-provided legal team, the NLRB abandoned the allegations that threatened to reimpose the union and agreed to settle all others just three days before a hearing was scheduled to take place. With no remaining challenges to the company’s withdrawal of recognition, Davis and his colleagues are finally free of the Steamfitters union’s control.

“We’re proud to help Mr. Davis and his fellow Comfort Systems employees escape the clutches of Steamfitters union bosses who weren’t standing up for the employees’ interests, but their legal battle should have never lasted this long,” commented National Right to Work Foundation President Mark Mix. “As the Trump Administration selects new NLRB members, it should seek members who will eliminate policies that let union officials seize forced ‘representation’ powers over workers on the basis of unproven allegations. The Board should instead plan to defend equally workers’ right to associate or disassociate with a union as they please.”