Patrick Semmens, vice president at the National Right to Work Foundation, said, “We see these tactics quite a bit where workers file for decertification and then instead of trying to convince them in the election process that, 'hey, you know, vote, stay within the union,' they will instead turn to the unfair labor practice charges to sometimes cancel those entirely, or other cases, just sort of delay it enough so that they can campaign more.” In the Comfort Systems case, as in others, blocking charges, procedural hurdles, and allegations against worker leaders turned what could have been a straightforward petition into a years-long ordeal.

The Brian Head case, still pending before the NLRB, takes the hardball even further – with union officials attempting to fine a departing member over a million dollars after he left to buy a non-union shop.

How Decertification Works – and Why It’s Rare

Under the National Labor Relations Act (NLRA), workers technically have the right to install or remove a union via a vote, so long as at least 30% of the bargaining unit signs a petition. But the real world is messier. As seen in both the Comfort Systems and Head cases, unions frequently file “blocking charges” – alleging unfair labor practices – to delay or even cancel decertification elections.

“Elections tend to get scheduled within a few weeks, or a couple of months, in normal order for the national relations board process," Semmens said, before noting it rarely happens like this. "When they think they’re going to lose those votes, instead of sort of taking their losses and respecting that they just didn’t want us here, they’ll try and drag it out. Ultimately, like here, you’ve had an over two-year process, and they are officially ousted.”

Pension Liabilities: The Hidden Barrier

One issue that looms especially large for contractors – particularly those considering selling or restructuring – is pension liability. Multi-employer plans, common in union shops, can saddle departing contractors with crushing costs. Semmens said that from the union perspective, “You can vote to get rid of us, but then your employer is going to have to pay so much money to our pension plan to get out of it. You may not have a job in a year. And that’s a pretty bad threat, and it’s one of the reasons why, especially multi-employer pension plans, are our big problem."

For family-owned sheet metal shops eyeing an Employee Stock Ownership Plan (ESOP) or a sale, these withdrawal liabilities – sometimes up to 30% of annual revenue – can be a major roadblock, chilling any move to exit a union relationship.

Semmens also pointed out persistent worker frustration with vesting rules in union pensions. “You can work for a long time, and if you’re not fully vested, the unions get all your money in the pension," he said. “And so, you know, it’s another reason why it can tend to undermine workers legal rights to remove the union, because they feel like, hey, you know, if I do that, all the money I’ve paid in is going to someone else, and I’m not going to see a dime of it.”

The Legal Landscape: Right-to-Work States and Beyond

While Alabama’s Right to Work law helped Davis and his coworkers at Comfort Systems avoid mandatory dues, union officials can still impose “exclusive representation” on every worker in a union facility, even those who vote against or want out. Most National Right to Work Foundation cases, Semmens said, are actually in non-right-to-work states, where unions can require dues from all employees. “Right-to-work states change the incentive for union officials in a way that’s good for workers,” he said, since mistreated workers can cut off dues as leverage. Still, mega projects and new manufacturing in right-to-work states mean unions are ramping up organizing efforts wherever they can – with significant growth in unions tied to EV manufacturing plant construction in states like Tennessee and more.

Semmens added that workers facing these struggles aren’t alone: “If workers have questions, they can turn to us. We handle a lot of informal inquiries and can help evaluate if something can be done. But the system is set up to make it tough. It’s a group decision – you need momentum, organization, and a willingness to stick it out.”

Takeaway for Sheet Metal and HVAC Pros

The stories of Brian Head and Brandon Davis are extreme, but the underlying issues are common across the trades: high financial stakes, legal complexity, and the threat of union penalties make leaving the union a daunting proposition. For sheet metal and HVAC contractors – or any skilled tradesperson – understanding the process, the potential pitfalls, and the importance of documentation is essential before making any move.

And as Semmens pointed out, workers have options for legal support if they feel their rights are being violated – but the process remains anything but simple.

If you’re considering a change, get informed, get legal advice, and be prepared for a fight that could go from the shop floor to the courtroom.