WGA says Leno violated union rules
David Bauder

NEW YORK—The striking writers union told member Jay Leno on Thursday that he violated its rules by penning and delivering punch lines in his first “Tonight Show” monologue in two months on NBC the night before. NBC quickly fired back, alleging Leno was right and the Writers Guild of America was wrong.
“The WGA agreement permits Jay Leno to write his own monologue for `The Tonight Show,’” NBC said in a statement Thursday. “The WGA is not permitted to implement rules that conflict with the terms of the collective bargaining agreement between the studios and the WGA.”
The agreement between the guild and producers expired Oct. 31 but its terms remain in effect, said Andrea Hartman, executive vice president and deputy general counsel for NBC Universal. She cited federal labour law.
According to the contract, “material written by the person who delivers it on the air” is exempted from the agreement. The exception applies to shows outside prime-time, which includes NBC’s “Tonight Show.”
Leno did not mention the dispute during Thursday’s show, which he opened with another monologue.
For its part, the union argues that it’s on firm ground in the context of either its “strike rules” or the expired contract.
“Our position is that our strike rules don’t conflict here and, because he’s (Leno) always been employed as a writer” on the show, the contract exception doesn’t apply to him, said guild spokesman Neal Sacharow.
Sacharow declined comment on whether the guild would move against Leno. But he said any violation of strike rules would be brought before a union compliance committee for evaluation and a recommendation for action.
That could mean a fine or loss of union membership. The guild’s scolding of Leno came despite his public support for the union, including delivering doughnuts to a picket line. Leno also paid his employees’ salaries — except for the writers — while he was off the air, and “Tonight Show” writers were pointedly absent from a picket line outside his studio Wednesday. Leno is “busying himself with the show,” his publicist, Dick Guttman, said Thursday when asked if the comedian had any comment.