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Utah News Dispatch

Utah school board member who backed collective bargaining ban sues teacher union

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By: – January 14, 20266:00 am

Renée Pinkney, a Park City social studies teacher who serves as the president of the Utah Education Association, speaks about changes to HB267 at the Utah Capitol Building on Friday, Jan. 31, 2025. (Kyle Dunphey/Utah News Dispatch)

A Republican member of the Utah State Board of Education who backed a 2025 state ban on collective bargaining for public workers is now suing the state’s largest teachers union. 

Cole Kelley, who is also a financial literacy and business teacher at American Fork High School, alleges dues paid by members of the Utah Education Association ultimately go toward political causes, parties or candidates even though the association has said they do not. 

Exhibits attached to the lawsuit include a list of the union’s contributions to Protect Utah Workers. The coalition led an effort earlier this year to undo the unpopular law restricting collective bargaining for unions like the UEA before lawmakers repealed it themselves. 

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Kelley and the conservative Freedom Foundation filed the lawsuit Monday in Salt Lake County’s 3rd District Court, alleging violations of Utah’s Truth in Advertising Act. Kelley and the organization are both seeking damages of $2,000 and attorney fees. They’re also seeking court orders finding the union engaged in deceptive trade practices and requiring corrective advertising.   

The Freedom Foundation’s website says it is not a think tank but a “battle tank that’s battering the entrenched power of left-wing government union bosses who represent a permanent lobby for bigger government, higher taxes and radical social agendas.” 

The group previously filed complaints alleging wrongful political spending by unions in Pennsylvania and Washington state. It also sued the state of Oregon last week over a new state law making it illegal to impersonate a union representative.

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The Utah lawsuit accuses the Utah Education Association of falsely claiming that member dues “are not used for political parties, candidates, or campaigns.” It alleges that such statements on the union’s website and social media are considered advertisements under state law because they’re made “in connection with the solicitation of business.”

A spokesperson for the Utah Education Association declined to comment on allegations in the pending lawsuit.  

“The UEA remains committed to serving Utah public educators and the students they serve with integrity, respect and transparency,” Hailey Higgins, director of communications and public relations, said in a statement to Utah News Dispatch. Higgins added that Kelley is not a member of the union. 

Kelley and the Freedom Foundation contend portions of UEA members’ dues go to the National Education Association, which uses them “to support and/or oppose political parties and candidates with millions of dollars in expenditures each year.” The National Education Association did not immediately respond to a request for comment.  

Kelley was elected to the Utah State Board of Education in 2024. His district includes an eastern portion of Utah County, along with Wasatch, Duchesne, Daggett and Uintah counties.

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