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Is Leno a scab?

January 4th, 2008 by screenwriterguy

Letterman strike monologueYou’ve probably heard mention that the late-night talk shows are back on the air, despite the writers’ strike. And of course David Letterman’s production company, responsible for his show and Craig Ferguson’s after his, negotiated a separate deal with the union in order to come back with their writers. While it isn’t unanimously welcomed among the writers, this move by the guild generally seemed like a good idea, since it would help demonstrate just how willing the WGA is to be reasonable with a reasonable negotiating partner. Theoretically, it should also enable Letterman to attract the best guests and beat out Leno.

But, for the first night back, Leno won the ratings. So much for my belief that there is inherent justice in the universe, and that the deserving always triumph. (At least Obama took Iowa.) So, for the time-being, the WGA’s strategy, trying a little divide-and-conquer of their own, has backfired. It will be interesting to see how it plays out.

I tuned in on Wednesday to the various late-night shows to see what each would offer. While all included a nod of support to the writers, Letterman entered the stage through a line of chorus girls with WGA strike signs, then featured a comedic diatribe from the show’s union strike captain and a top-ten list delivered by striking writers.  Still, while there was strong bias, it was free from any real politics or information.

Conan O’Brien and Jimmy Kimmel both avoided a monologue, and went out of their way to prove that they weren’t using writers. In segments I caught, Conan killed time by spinning his wedding ring on his desk for 36 seconds. Jimmy Kimmel used clips from previous shows, pointing out that this would result in writers being paid royalties.

Leno was another story. Like Letterman and Ferguson, Leno began with a monologue. But remember, unlike Letterman and Ferguson, who had a special arrangement to include written material, Leno cannot use writers. His claim to the audience was that he was allowed to write his own material. The WGA disagreed, and sent messages to Leno on Thursday saying so. NBC replied on Leno’s behalf that the WGA can’t make up rules that disagree with the last contract, which stipulates that talent delivering material on air can write that material. But of course the contract is up, so theoretically strike rules should trump contract.

Grey area, I guess. And more so, politically, since Leno was one of the first celebrity faces present on the picket lines.

Still, in my opinion, it boils down to a really simple analysis: Jay belongs to a union of writers. That union is on strike. He’s performing writing services during that strike. How can that possibly be considered something other than crossing a picket line? After all, he had literally to cross a line of picketers to get into his show… (It’s worth noting that his first guest, presidential candidate Mike Huckabee, also crossed that line.)

Maybe Leno feels his stance is legitimate to the letter, but in spirit he is clearly putting himself and his show above the benefit of the union, and that’s pretty much the definition of a scab. What’s your take?

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9 Responses to “Is Leno a scab?”

  1. Suzanne commented:

    Of course Leno is a scab. But my question is why he would want to side with NBC (and whatever megalith owns them) over the WGA. NBC has treated him abominably, squeezing him out in favor of Conan, and yet he’s doing their bidding and thumbing his nose at his fellow writers. Assuming he wants a show on another network in 2009 that will be written by guild writers and have SAG actors as guests, why doesn’t he just sit on camera and give NBC the finger for an hour every weeknight? His stance on this does not make sense to me at all.

  2. StudioPicturesSuck commented:

    I’m 100% in support of the writers, but the truth is that 160 people work for THE TONIGHT SHOW, only 19 of whom are writers. Jay’s putting 141 people back to work, and not hiring scab writers. He’s just telling lame one-liners and chatting with people. Are we going to picket Brian Williams and Ryan Seacrest, too?

    AND, Jay’s not making a secret of it. If he were “pretending” the show is still written by writers and/or buying material written elsewhere, I’d be mad… but he’s not.

    The problem comes when the actors just show up and improvise an episode of “Chuck.” Until then…

  3. screenwriterguy commented:

    Suzanne–Good point that NBC isn’t doing Leno any favors by putting him in this position. It seems to me like his actions are those of a man who can see retirement coming and doesn’t feel the need to rock the boat. Meanwhile, Conan has impressed me since returning, both as an entertainer and as a man of integrity. Leno would do well to follow that example.

    StudioPicturesSuck–So no big deal that Jay is scabbing on his union because at least he’s being blatant that he’s writing? How is that better?

    Good point that he’s putting a bunch of people back to work, and of course returning to work is what everyone wants. However, keeping an industry from moving is exactly the point of a strike, however unfortunate the costs of exerting pressure may be.

    Leno is significant, because if he comes back with a show that’s not suffering, the Letterman deal loses its weight. While Leno may have to deal with no SAG guests, it doesn’t impact NBC’s sponsor dollars. Naturally, that’s the part that ultimately drives the engine.

    But hey, now there’s the UA deal, so there’s another crack showing.

  4. Monique commented:

    I didn’t watch, but what if Leno were just doing improv? Does that count as writing? Also - how long can the strike go on before *business* goes on (for all the non writers on shows whose livelihoods are also in stasis, not by their own choosing…) and more…before people cease caring at all and it just becomes another line item in the TV Guide or the AskANinjas of the internet world become our primary entertainment. (Admittedly, it already is in our house…)

  5. screenwriterguy commented:

    If Leno were doing improv, or at least attempting to make it look the tiniest bit like he was doing something other than a pre-written monologue, then it would be sorta grey area.

    Conan has been telling jokes, and undoubtedly he or some producer had thought of some of them before air. However, he also has gone out of his way to avoid a monologue. On Friday, he sang a song with his band. He comes across as someone who, regardless of what he may want, has to come back. Heck, I’m sure he WANTS to be back. But he’s clearly respecting those of his team currently in need of his support. Leno is doing the opposite, and blatantly.

    Meanwhile, Ask-a-Ninja is great. But can you fall asleep to it every night?

  6. StudioPicturesSuck commented:

    ScreenwriterGuy,

    In what fantasy-world do you live in where the WGA is “Jay’s union”? He is a talk-show host. Just because he owns a word-processor and once wrote jokes for somebody (or whatever) doesn’t make the WGA “his union.” Under your logic, many of the producers are scabs because they once owned typewriter…

    Jay tells jokes at 11:35PM to old people in their pajamas. He’s not Aaron Sorkin.

  7. screenwriterguy commented:

    Leno writes for television. The guild currently on strike represents television writers, among others. The fact that he also delivers the work that his team writes doesn’t make him less of a writer. I wouldn’t argue that Tina Fey should keep writing just because she also performs the scripts she pens.

    Leno has been in the WGA for decades. I’m willing to bet he has enjoyed their cushy medical insurance and royalty management services. The trade-off for being part of a union whose collective bargaining ability creates benefits for you is that when it’s time for bargaining, you have to be part of the collective.

    At least, that’s how it works in my fantasy world.

  8. Smith123344 commented:

    Bill Hicks on Leno

    http://www.youtube.com/watch?v=DWB-kd09GXY

  9. Rocklinshl commented:

    I’ve walked a picket line before. It’s not fun. But if the business goes on and starts hiring only a portion of the employees back, those employees (who no longer honor the strike) just made it much harder for the people still on the strike line. How will the striking writers ever get what they are demanding if people keep walking right through their picket line everyday?
    That includes Jay Leno!

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