Unions’ victories shake Utah politics

By Frank Pignanelli, Renae Cowley

Republican Renae Cowley is a political consultant, lobbyist, social media influencer and professional rodeo athlete. Frank Pignanelli is a Salt Lake attorney, lobbyist and political adviser who served as a Democrat in the Utah State Legislature.

Last week, public employee associations and trade unions racked up two significant victories. We discuss the political ramifications.

The Utah Education Association (UEA) submitted more than 320,000 signatures on the referendum. This was far in excess of the 140,000 needed to place the issue on a ballot overturning HB267, which prohibited collective bargaining by public unions. What happens now, and how does this affect potential special sessions and the next legislative session?

Cowley: Many said it couldn’t be done (including some union supporters), but the UEA, public safety unions, volunteers and a paid signature-gathering firm defied the odds. Gov. Spencer Cox offered his congratulations to union organizers. Personal ideology aside, as a political operative, even I can acknowledge the impressive campaign prowess it took to pull this off.

County clerks are now undertaking the tedious signature verification process. There is almost zero chance that invalidation rates and senate district dispersion will fall below the requirement. The Legislature now faces the difficult decision to fight it on the ballot or repeal, and maybe replace, the bill as they did with Our Schools Now and tax reform.

Pignanelli: “Message matters. Message matters almost as much as actions.” — Ron Suskind

The UEA aggressively defends member interests, as it should. However, this intensity can strain relationships with state leaders. When serving as a lawmaker, my mother served on the UEA Political Action Committee. So, when I occasionally veered from the organization’s agenda, family Sunday evening dinners became reminders of campaign assistance wrapped in Catholic guilt. I doubt other state legislators endured this torture.

As stated in prior columns, my legal experience included representing school employees, firefighters and law enforcement officers. These are beloved members of the community who deserve assistance when negotiating (and defending) their interests with employers. Thus, it was easy for them to solicit petition signatures, as there was minimal opposing messaging.

This is a clear signal to the supporters of the legislation that they have a communication problem. A recent strike by these employees would have piqued voters’ interest. But when no problem is identified, the vacuum is filled by others.

If the referendum is placed on the next general election ballot, decisions will be compelled. The governor is already sour on the legislation. Lawmakers should consider revisiting the issue and making adjustments to avoid a protracted fight at the ballot box.

District Court Judge Laura Scott declared the “Utah Fits All” scholarship program unconstitutional. The state will appeal to the Supreme Court. How will state leaders navigate this controversy?

Cowley: A successful signature-gathering effort, punctuated by a massive court victory — this is UEA’s best week ever since defeating school vouchers in 2007.

Considering my own public school experience (it wasn’t great), COVID’s exposure of public school shortcomings, and UEA’s liberal agenda, it’s no wonder parents are seeking education alternatives. Judge Scott said, “It must satisfy the constitutional requirements applicable to the ‘public education system.’”

Many voters don’t subscribe to the “public money for public schools” precept anymore. It should serve students, be it in traditional public ed, charter schools, private schools or homeschooling. We’re not a one-size-fits-all society. Everything is customized from your curated Facebook feed to the position of your car’s seat — even your dirty soda order is tailored to your preferences. Education, and how we pay for it, should fit students’ unique needs.

Homeschoolers make up nearly 80% of UFA participants. They are some of the most well-organized and formidable activists on the Hill. Political onlookers, grab your popcorn, this is only the beginning of a battle royal between UEA and homeschoolers.

The biggest losers, aside from students whose education may be upended, will be judges during next legislative session.

Pignanelli: After the vouchers legislation was passed in 2007, UEA obtained the necessary signatures to have the issue on the general election ballot. 62% of Utahns rejected private school financing, and the matter remained dormant.

Then the pandemic hit. Utah parents were frustrated with school district officials and became open to alternatives. Legislative leaders sensed this shift and tasked Rep. Candice Pierucci, R-Herriman, to successfully sponsor the scholarship program legislation. This was a wise choice, as Pierucci is an articulate and intelligent lawmaker who possessed the good sense to marry an Italian.

Most private institutions are well-regarded. While well-developed homeschools offer a valuable option in certain circumstances, this alternative remains a subject of controversy and will drive heated political deliberations across the state.

Cowley: We can put to bed any claims that Utah’s referendum laws are too stringent. A gaggle of volunteers were successful in 2020, and now organized labor has far surpassed the threshold.

Legislators will not go quietly into the night, allowing an activist judge to dismantle Utah’s school choice program. Expect legislation to shore up the program, and judges to once again be recipients of legislative ire.

Pignanelli: Unless resolved soon, the role of public employee associations will be a feature in political party conventions and swing legislative districts. The Supreme Court’s ultimate ruling on the scholarship program could foster another constitutional ballot proposition.