Cole Kelley, a Utah school board member, sues the UEA, claiming dues fund political activities, raising questions about union practices.
In a significant legal move that could reshape labor relations in Utah's educational landscape, Cole Kelley, a Republican member of the Utah State Board of Education, has initiated a lawsuit against the Utah Education Association (UEA), the state's largest teachers' union. Kelley, who also teaches financial literacy and business at American Fork High School, claims that union dues collected from its members are improperly allocated to political causes, despite the UEA's assertions to the contrary.
The lawsuit, filed in Salt Lake County’s 3rd District Court on Monday, stems from Kelley’s support for a controversial 2025 state law that banned collective bargaining rights for public workers, a move that has faced substantial backlash from educators and labor advocates. Kelley alleges that the UEA's statement claiming that member dues are not used for political parties, candidates, or campaigns constitutes a violation of Utah’s Truth in Advertising Act. He is seeking damages of $2,000 along with attorney fees and a court injunction that would require the UEA to correct its advertising practices.
Exhibits attached to the lawsuit include a detailed list of the union's financial contributions to Protect Utah Workers, a coalition that recently sought to overturn the collective bargaining ban. This coalition's efforts were significant enough to prompt state lawmakers to reconsider the law, ultimately leading to its repeal. Kelley argues that the UEA's financial support for this coalition indicates a political agenda that contradicts its public statements about member dues.
The Freedom Foundation, a conservative think tank that advocates for limiting union influence, is partnering with Kelley in this legal endeavor. Their website describes the organization as a 'battle tank' against what they refer to as the entrenched power of left-wing government unions, which they claim perpetuate a lobby for increased government spending and radical social agendas. The Foundation has a history of filing similar complaints across the nation, including in Pennsylvania and Washington state, where they have challenged union spending practices.
In the lawsuit, Kelley and the Freedom Foundation assert that the UEA's communication regarding the use of member dues constitutes advertising under Utah law, as it is associated with the solicitation of business. They contend that the union's public claims about dues allocation are misleading and deceptive, warranting legal action.
Despite the serious allegations, UEA spokesperson Hailey Higgins refrained from commenting on the specifics of the lawsuit, citing ongoing legal proceedings. However, she affirmed the union's commitment to serving Utah educators and the students they instruct, emphasizing the values of integrity, respect, and transparency. Higgins also pointed out that Kelley is not a member of the UEA, suggesting a potential conflict of interest in his lawsuit.
Kelley’s position on the Utah State Board of Education, which he assumed after being elected in 2024, adds a layer of complexity to the situation. His district includes eastern Utah County, as well as Wasatch, Duchesne, Daggett, and Uintah counties, areas where education policy decisions directly impact local communities. His actions may reflect broader Republican strategies aimed at reducing union power across various sectors, particularly in education.
The UEA and similar organizations have been under increasing scrutiny in recent years, facing allegations of political bias and mismanagement of funds. As the legal proceedings unfold, this case could set a precedent for how unions operate in Utah and potentially influence labor relations in other states.
The National Education Association (NEA), which receives a portion of UEA members’ dues, has not yet responded to inquiries regarding Kelley’s claims about its political spending. The NEA represents a significant lobbying force in U.S. education policy, and any allegations concerning its financial practices could have far-reaching implications.
As this lawsuit progresses, it highlights the ongoing tension between public sector unions and conservative lawmakers in Utah, particularly regarding issues of collective bargaining and political spending. The outcome of this case may resonate beyond the state, influencing labor relations and union practices nationwide. Stakeholders, including educators, political activists, and lawmakers, will be watching closely as the situation develops, understanding that the implications could shape the future of union influence in the public sector.
In summary, Cole Kelley's lawsuit against the UEA not only questions the financial integrity of one of Utah's most prominent teacher unions but also raises essential discussions about the role of unions in politics and the accountability of their financial practices. As the case unfolds, it could significantly impact the relationship between educators and their representation in the state and beyond.