3RD UPDATE: LENO/WGA: WHAT'S THE REAL STORY? NBC Claims Jay Asked For & Received WGA Permission To Write Monologue At Secret Monday Meeting With Union. But WGA Denies NBC's Leno Claims.
2ND UPDATE: NBC has just issued the following statement. "The WGA agreement permits Jay Leno to write his own monologue for The Tonight Show. The WGA is not permitted to implement rules that conflict with the terms of the collective bargaining agreement between the studios and the WGA." This is not what the WGA claims its Minimum Basic Agreement provisions say. It sounds like NBC wants a war with the WGA over Leno.
EXCLUSIVE: It sure seems like Jay Leno will now be free to perform his nightly Tonight Show monologue. That's because I've learned that the Writers Guild Of America has decided quietly not to go to war with its prominent member. "We are not interested in a battle here between Jay and the Guild," a WGA insider just told me. Earlier today, the WGA made a public statement that "a discussion took place today between Jay Leno and the Writers Guild to clarify to him that writing for The Tonight Show constitutes a violation of the Guilds’ strike rules." I'm told that Leno explained to the WGA he thought he was following the WGA rules because of a provision in the Guild's so-called "Minimum Basic Agreement" that allows for a performer to write for himself. But then the union made clear that the pact also clearly states that this provision does not apply to a Guild member who also happens to employed on the show as a writer. (Leno is both a writer and producer of The Tonight Show which is owned by NBC.) Leno admitted last night on the air during his first show back from strike hiatus that he wrote his own monologue. But Leno's "explanation" for breaking strike rules sounds conveniently disingenuous to me considering that Jay has an army of lawyers to ensure no such confusion. Now get this: I'm told Leno can "ad-lib" his monologue. He just can't "write" his monologue. Huh?
Meanwhile, early ratings for late night TV's return show that Jay scored a 5.3 rating and 12 audience share in the nation’s 55 largest markets for his best ratings in two years, according to Nielsen Media Research. Leno’s ratings were up 47% over what he achieved before the strike. David Letterman's Late Show had a 4.3 rating and 10 share, or 39% better than his pre-strike average. I don't find this surprising, since Leno had been consistently beatting Letterman for years and TV viewing habits don't change overnight. Plus, there was the "car wreck" phenomenon at work and audiences may have wanted to watch how The Tonight Show would fare without writers.
But Leno knows full well he could lose viewers if he stops his topical monologue (which is what Conan O'Brien appeared to do last night). But if Jay keeps doing his signature stand-up opening, that immediately levels the playing field with Letterman whose production company Worldwide Pants, which owns The Late Show and the Late Late Show took great pains to obtain a WGA interim agreement in order to come back on the air with an intact writing team. It sure looks like Jay will have the last laugh at the union's expense.
(This updates my previous two posts, Leno Sounds Like He Broke Strike Rules, and its update, WGA "Clarifies" To Leno That He Broke Strike Rules; Jay Wins Ratings.)
Jay is not writing his monologues on his own
Comment by insider — January 3, 2008 @ 3:54 pm
So… one set of strike rules for Jay, another set for the rest of us? Seriously, can we get some leadership around here?
Comment by TV Showrunner — January 3, 2008 @ 3:54 pm
So Jay is doing exactly what David Letterman did 20 years ago? Who cares!
Can we concentrate on real issues. The pilot season will soon be dead. The networks will have no new shows for the upfronts. Advertisers are already asking for money back based on the low performance of the season so far (when there was still regular programming,) how will they react when the rest of the season is all repeats?
The networks are looking at losing billions because of their stubbornness (or is it due to their need to beat up the WGA so the DGA and SAG won’t ask for so much.)
How about we focus on that?
Comment by WGA Writer — January 3, 2008 @ 3:54 pm
Man, that’s a tough one. If the WGA pursues this “scabbing”- they are alienating a big moral supporter (and financial supporter) who’s got a nightly forum to talk to America. If they let it slide, they could be perceived as being unfair to other writers or even worse setting some sort of precedent.
I think the best resolution would be to respectfully say to Leno, “cool it” and Leno to respectfully comply.
Comment by A Writer — January 3, 2008 @ 3:55 pm
Great. I wish I’d known that before I walked around in circles outside his studio for a couple of hours today.
Comment by Chris — January 3, 2008 @ 3:59 pm
Given the options, I think the WGA is doing the right thing. But I do wish that Leno hadn’t put them in this situation.
It’s hard to believe that someone who’s done standup for as long as Leno has would be so clearly afraid of comedic failure that he’d do what he did last night. It’s part of the job, and aside from the union rule debate, my opinion of him as a comic is lower than it ever has been.
Comment by Guest — January 3, 2008 @ 3:59 pm
What? Then what was the point of the separate deal for Worldwide Pants? I know the monologue is only one part of the written show, but it’s the most important part.
And you think Kimmel and Conan won’t go ahead and write their own monologues, too? They’ve both supported the writers as much as Jay has.
Not sure what this accomplishes for the guild. Not sure that it hurts it at all either.
Comment by Jimmy — January 3, 2008 @ 4:01 pm
Why give Letterman a contract then give Leno a pass on scripted material? WTF? A victory for Jeff Zucker is what it is.
Comment by Anonymous — January 3, 2008 @ 4:03 pm
Giving a pass to Leno? What is the point of this strike, then — Really? Do we really think we’re going to get a better deal now? Come on — I am all for getting what we deserve but giving a pass to Leno? How does that work in our favor? We’re fucking ourselves here, people. Note to WGA — Before I get fucked, I like to be taken to The Palm.
Comment by nlc — January 3, 2008 @ 4:03 pm
Classic…the WGA’s leadership is stunningly inept…
Comment by NotAFan — January 3, 2008 @ 4:12 pm
Wonder how much of it has to do with this statement from NBC:
“The WGA agreement permits Jay Leno to write his own monologue for The Tonight Show. The WGA is not permitted to implement rules that conflict with the terms of the collective bargaining agreement between the studios and the WGA.”
Is there a separate agreement between the WGA and the studios outside of the contract with the producers?
Comment by Curio — January 3, 2008 @ 4:13 pm
Leno is an odious scab. He’s human garbage. He’s scum.
Comment by Anonymous — January 3, 2008 @ 4:18 pm
As a long time WGA member, I have to wonder if the leadership of this union has a clue. Allowing Letterman’s writers to go back to work because they made a deal may or may not be sound strategy, but we made an offer and someone, WWP, took it. But if they look the other way while Leno breaks the strike rules then they are destroying the union. What conceivable justification can there be for this? That Leno bought donuts? That Leno is too famous, or too popular? The rules are explicit and have to be enforced or all the rules are invalidated and showrunners and others have every right to start crossing the line. When I read Michael Winsted’s pathetic “we have nothing against Jay and Conan” statement, I nearly vomited. They are scabs, as Stewart and Colbert will be next week. If the Guild is afraid of Leno and friends, there’s no way it has the balls to actually beat the AMPTP.
Comment by BarrR — January 3, 2008 @ 4:21 pm
Isn’t there something unethical about Patric Verrone, former Tonight Show writer giving his former boss a pass? Is this really okay?
Comment by Ilana Snyder — January 3, 2008 @ 4:23 pm
Wow. It’s easy to pick on the little guy (Carson Daly) but Leno can break union rules outright and get a pass? Carson, just bring some donuts to the picket line, apparently that’s all it takes.
Comment by Jose — January 3, 2008 @ 4:26 pm
Right, let’s see how far Jay goes writing his own monologue five nights a week.
It’s a tough, tiring job, which is why, surprise surprise, he Dave and others hire *full time writing staffs* to do it.
Comment by Norm A. Rae — January 3, 2008 @ 4:31 pm
Well the WGA just proved itself to be a complete joke and killed itself.
Now that it’s clear that they’re not going to kick out (or even slap the wrist) of members who scab during a strike (even those who brag about it on national television), every writer in the guild can scab and brag and, if the WGA comes after them, they can point to Leno and say “You didn’t kick his ass so get off mine” and the WGA also can’t do shit now about banning future WGA members from entering the union because if they can’t be bothered following their own rules, why should its members.
I’m completely disgusted by this but maybe it’s a good thing that the WGA will soon be history. It’s been a closed shop of a town for too long.
Comment by Sandy Daley — January 3, 2008 @ 4:33 pm
I think the WGA was smart not to go after Leno. They’re better off just fining him for this infraction and any future infractions, because if they raise a stink about this, I think they’ll lose support from Middle America. I’m not normally a Leno fan and never watch his show, but he seems willing to work with the WGA on this (which is far more than the AMPTP will do!) so I give him credit for that.
Comment by Cabri — January 3, 2008 @ 4:34 pm
Screw the Guild they look like idiots for complaining to Leno. He is allowed to write his own material as the Host. His designation as a “writer” doesn’t really mean what they are trying to imply it means here. He should go “fi-core” and tell them to leave him alone. You can be certain his home fax machine is churning out pages of jokes from comedians all over the country maybe the Guild should call the FBI and ask for a wiretap to be placed on Jay’s fax so they can trace where the pages are coming from. That would be a useful thing for the thought police at WGA to do next. “Jay the rules are you can ad-lib your jokes but you can’t write them. You can’t think of any jokes before you get on stage. Once you are on stage if something funny pops into your head only then are you allowed to speak the words.”
Comment by Anonymous — January 3, 2008 @ 4:37 pm
Leno knew the rules and I’m sure was briefed. Question is what did the Studio Execs tell him to do? He’s such a Company whore anyway, hyping every piece of crap Movie with his squirrely catch mantra “I saw the Movie last night and it was great”. That is what whores do, he doesn’t have to say that if doesn’t want to but he does, everytime, and everyone knows he’s full of shit.
All Hosts have the responsibility of knowing the rules and Jay or his people could have made one call to the WGA over the last 2 months if he wasn’t absolutely clear.
This kind of info is considered general Knowledge by most Writers. The rules for Host Monologue’s was blasted all over the net when Ellen returned a Day after the Strike began so I doubt his lame excuse will wash, just as Huckabee’s lame-o “I didn’t cross any picket line because I didn’t know” bs.
Anyway, Jay is losing a lot of respect with Writers IMO. Either he is lying or whoring, in either case it exposes the opportunistic Corporate suck up he is.
Comment by PJ - Writer — January 3, 2008 @ 4:48 pm
So… let me get this straight. Jay Leno goes on national television and admits he is violating strike rules… and the guild doesn’t want to do anything about it?
Does that mean we can all go back to work now, or just Jay?
Comment by writer — January 3, 2008 @ 4:50 pm
To add to my earlier post…
If Leno was told by Execs to do his monologue, I’d like to know who exactly at NBC instructed him.
It is clear and unambiguous that a Writer cannot write for a struck show. Period. He can do quips and such, but no prepared pre-written material can be used.
Again, in either case, if Leno was aware of the rules and whored out to NBC, he is still responsible for his actions. WGA has now warned him, made it clear to him, now we shall see how Jay responds.
Comment by PJ - Writer — January 3, 2008 @ 4:58 pm
So a guy goes on the air and admits he broke WGA rules and the WGA says they have no interest in a fight with him and presumably will let him keep going.
Hmm… Something smells here. Keep digging Nikki!
Hey WGA- if you let him keep writing, then the other shows will also start to write, and if you aren’t going to stop Leno, then you can’t stop them and you know what you’re left with? Bedlam.
You’ve made a bad decision. Letterman made a deal with you because he is willing to accept your terms. Last I checked Jeff Zucker didn’t sign such a deal. If he does, he can have his Leno monologue.
Until he does, he shouldn’t be allowed to have that. You’re taking away you’re own card to play WGA! Stand up and enforce your own rules…
Comment by Huh? — January 3, 2008 @ 5:00 pm
This is an effing joke. So, have we recinded the strike rules? Do they still apply to poor and obscure writers, while wealthy famous writers can slide? Or does this magic special exemption only apply to wealthy, famous celebrities named Jay Leno?
Look, we all knew that Leno was going to be performing scab material and the WGA was going to not only do nothing but continue to perform public fellatio on him as well. What we didn’t know was that he was going to be so brazen as to announce that he was scabbing on national television. He pushed his luck too far this time, he did something we just can’t ignore, and if we don’t do anything about it we’re a joke. If we give him a round of applause and then expel all the other scabs who aren’t well known, we’re worse than a joke.
And we should just recind the deal with WWP already, it’s pointless if we’re not going to back Letterman at all, and considering we had to pull Jay’s member out of our mouths in order to sign on the dotted line that should have been obvious from the start.
Comment by Anon — January 3, 2008 @ 5:12 pm
This is why the guild should not have let the Letterman writers go back. It’s causing anger and confusion.
LET’S ALL AGREE TO STOP ARGUING ABOUT THIS IN PUBLIC!
WE CAN NOT LOOK LIKE WE ARE TEARING OURSELVES APART!
We need to stay clear and on track.
Comment by Lola — January 3, 2008 @ 5:23 pm
Damn right they don’t want want a war. Leno has way too many fans to stir up this hornets nest. Can we all say pulic relations nightmare. He’s one of the few who’s actually paying his writers right now. I say let him write the darned monologue and get on with what’s really important — INTERNET STREAMING.
Comment by script maniac — January 3, 2008 @ 5:29 pm
If Verrone gave Leno permission to write his own monologue then we need to impeach Verrone. I won’t be back on the picket line, and no, I’m not a shill I’m an 18-year guild member who’s sick of the leadership’s coddling of elite members and asking the rank & file to do the heavy lifting. There will be one less picketer at Paramount on Monday. Actually a lot less than one I hope. IF this is true, that we made a deal with World Wide Pants and then to level the playing field (which defeats the entire point of giving Letterman the deal) gave jay permission to do the monlogue our leadership is comprised of asses and we should all stop picketing. I doubt I follow John Ridley and go Fi-core but I’m intrigued enough that I’ll at least contemplate it.
Comment by J Weinstein — January 3, 2008 @ 5:54 pm
How many Leno headshots do you have?
Comment by some putz — January 3, 2008 @ 6:16 pm
Oh for crying out loud. Leave Jay alone! You have to understand that as much as you want to believe otherwise, the world does not revolve around the WGA. Leno has a right to put on as good a show as he can for his audience.
Also, it’s not NBC putting him in this position. It’s YOU! Who the hell are you to tell him he can’t write a monologue. This would not have been such a big controversy if the WGA didn’t do the one thing it’s best at. Cry, bitch, moan and complain.
Leno has been a fierce supporter of you guys ever since this strike started 60 days ago. He was forced into coming back to work because he didn’t want 19 people to end up putting 160 people out of work, and now the WGA, the same people who he spoke out for for all this time is going to come in and start crying “you broke the rules! I’m telling!” Give me a break. If the guy wants to write, let him write and for once keep your giant mouths shut.
Besides, i don’t think one little nightly monologue will end up being the big savior for the AMPTP. It’s bad enough that you are picketing his show. This is rediculous!
I just have to say, at the beginning of this strike, I was behind the WGA 1,000,000%. But with this, the whole award show fiasco, and all this other havoc being wrecked, my support is dwindeling at an alarming rate.
Comment by Benry — January 3, 2008 @ 7:25 pm
You can not have a valid strke when some members do special deals with selective individuals.
Why don’t the Letterman writers support the other writers by not returning to work at CBS?
Comment by Bill Nelson — January 3, 2008 @ 8:54 pm
First, why would Letterman and Worldwide Pants bother to get an interim agreement with the WGA, if he and Ferguson (and every other late night host and showrunner in town, for that matter) could simply write their own material and be within WGA strike rules?
Why would O’Brien and Kimmel go on air and flounder around for an hour rather than write their own material if they, too, knew that it’s erfectly acceptable for them to do so? In the case of O’Brien, he works for the same network as Leno… why would NBC try to make a deal with the WGA for Leno to write his monologue and not do the same for O’Brien?
Does any of this sound fishy to anyone else?
I was trying to figure out what Jay’s angle was here… I think I have it.
Remember that contract he signed with NBC, which limits his tenure as host of the Tonight Show? Remember how he’d been complaining on the air for the last several months about being pushed out by the network? Is it possible that NBC and Leno made a backroom deal to jointly try to make the WGA look bad, by forcing the union to go after the guy who’s been so supportive of the WGA? Maybe if Jay helps out NBC by lying about what was promised him by the WGA (that he could go ahead and do his monologue and the union would look the other way) so the suits at NBC will allow him to remain on as host of the Tonight Show…
Is it any wonder I write suspense…?
Comment by Clare — January 3, 2008 @ 9:57 pm
Jay–
As a crewmember on one of H’wood’s more prominent shows I’d like to remind you of the ultimate goal here…The Deal. I need to get back to work before I lose my house. So,stop the in-fighting (and the writing) and re-focus yourself on what matters most: Do whatever you can to get these guys back to the table. Shoot from the hip and make sure that it sounds like crap!
Tom
Comment by Tom — January 4, 2008 @ 2:00 pm
Jay–
As a crewmember on one of H’wood’s more prominent shows I’d like to remind you of the ultimate goal here…The Deal. I need to get back to work before I lose my house. So,stop the in-fighting (and the writing) and re-focus yourself on what matters most: Do whatever you can to get these guys back to the table. Shoot from the hip and make sure that it sounds like crap!
Tom
Castaic, Ca
Comment by Tom — January 4, 2008 @ 2:02 pm