Utah School Board Member Sues UEA, Alleges Union Misled Members About Political Use Of Dues

A union-watchdog group and a Utah State Board of Education member have filed a lawsuit alleging the Utah Education Association (UEA) misrepresented how members' dues are used. The complaint, filed in Utah’s 3rd District Court by the Freedom Foundation and Cole Kelley — a 29-year classroom teacher and Republican member of the state board — claims the UEA repeatedly told members that dues "are never used for political activities."

What the Lawsuit Alleges

According to the complaint, the specific wording appeared on the UEA’s website and its X and Facebook accounts on or about March 26, 2025. The Freedom Foundation says it notified the UEA on May 1, 2025, that the statement violated the Utah Truth in Advertising Act because it was false. The suit further alleges the UEA then amended the language to say, "UEA member dues are never used for political parties or candidates," which the plaintiffs maintain is also misleading.

A Utah Education Association member holds a sign during a rally at the Utah state capitol over funding on February 7, 2025.

Alleged Payments and Dues Apportionment

The complaint cites payments the plaintiffs say demonstrate political spending tied to dues. It alleges the UEA made more than $30,000 in payments to a group called Protect Utah Workers across four contributions in April 2025. The filing also asserts that the National Education Association (NEA), which receives a portion of state UEA dues, contributed roughly $35,000 to Protect Utah Workers in five payments that same month.

The suit explains, on information and belief, that UEA members pay a single, unified dues rate that the UEA apportions among local NEA affiliates, the UEA, and the NEA. Plaintiffs allege the NEA — with the UEA’s knowledge — uses its share to support or oppose political parties and candidates, largely through the NEA Advocacy Fund, which the complaint describes as a political organization under federal tax law.

Utah Education Association members hold signs during a rally at the Utah State Capitol over funding on February 7, 2025.

Plaintiffs' Claims And Remedies

Kelley and the Freedom Foundation are each seeking statutory damages of $2,000. The complaint contends the UEA’s statements amounted to false or deceptive advertising under state law and misled teachers about how dues are spent.

Cole Kelley: "I think it’s time for the UEA to tell the teachers in Utah the truth about what they do, what they represent, what they stand for, what they’re advocating for."

Maxford Nelsen, Freedom Foundation: "Unions often use visible voluntary funds to deflect scrutiny while the bulk of political spending is financed with member dues. Unbeknownst to most teachers, the vast majority of teachers unions' political spending is financed with member dues, and the UEA is no different."

Ryan Walters, former Oklahoma state superintendent and head of the Teacher Freedom Alliance, described the lawsuit as exposing alleged coordination of dues into political activism and said the organizations should be held accountable.

Utah Education Association members rally at the Utah State Capitol over funding on February 7, 2025.

Responses

The UEA declined to comment on pending litigation. The NEA did not return a request for comment. Because these are allegations in a pending lawsuit, they have not been proven in court.

Case Status

The case is pending in Utah’s 3rd District Court. The lawsuit and its factual claims will be subject to litigation and potential discovery.