Tyler Perry: Busted By Union

OK. So the news hit on Wednesday, but I was waiting on a key piece of information before I'd be ready to talk about it here.

Nikki Finke has the best coverage, for the most part, but had missed one key point: what happened to the fired writers?

It took a weekend of Google alerts, but I found out that they received a financial settlement from Tyler Perry's company for an undisclosed amount. I imagine that it will include residuals for the episodes they already completed work on, but can't say for certain.

So, Mr. Tyler "I'm not Disney/I haven't seen one thin dime" Perry fought the WGA...and the WGA won. On a Thanksgiving weekend that was hard to find things to be thankful for on a personal level, this managed to make it on to that unfortunately short list.

You're Entering The Tyler Perry All Spin Zone

Tyler Perry gave an exclusive interview to Sistas Talking Tyler Perry. I have to say that his answers don't pass the smell test:

Yolanda Ro: One question, that the readers are asking, is why wouldn't someone in your financial position, at the very least, provide the writers with health care insurance?

Tyler Perry: I don't want people to think I'm walking around with $300 million and won't give people health insurance. There are all these articles about me making $200 million from "House of Payne" but that's not true. I haven't gotten one dime off the show--not one thin dime. Nobody writes you a check for $200 million. TBS doesn't have a contract to write me a check for $200 million. It could take up to 5 years for "House of Payne" to make that amount of money. But the initial investment had to be made by me. Every dime that has been put into "House of Payne", to pay the actors and writers, have come from me doing plays and movies; from black folk who have been with me all the time. The writers knew that I even went into my own personal checking account and gave all 300 employees $1000 bonuses for Christmas.

That's just ludicrous. There's no way House of Payne is airing on TBS for free...which means he's not telling the truth. With the number of episodes it has aired, money has certainly come in from the show itself to pay the ongoing expenses. As far as the upfront costs to have started putting the show together before he had a deal with TBS, that's a case of him getting credit for what he's supposed to do. If you want to have your own production company, you're putting the money up. If you want to have your own studio, you're putting the money up. You get to reap the lion share of the profits, but you don't get to cry "poor me" along the way. Especially since he never seemed to cry poor on any of the movies he's produced from his plays.

Tyler Perry: This is what I was trying to get WGA to understand with the deal; I'm not Disney, and I'm not CNN. This is me, by myself. I'm one man with 300 employees. The deal they wanted me to sign was a deal I couldn't afford. And the moment I refused to sign, the very next day, there were all these articles printed about me being a "union-buster". The next day they were calling me racist and picketing outside the party. They waited right until the party to picket, thinking they had me over a barrel, and that I would cave in, but I don't give into extortion. If it had not been for the NAACP stepping in, things would have gotten really ugly. Originally WGA tried to get the NAACP on their side but it didn't work out that way.

By the way, he acknowledges later that he has deals with all of the other unions. Not crying too poor for that, eh? He just feels his writers aren't worth as much because he's previously done all of his writing, in my opinion. Since these are his creations that they're playing with, he feels as though they're not doing enough work to justify the compensation they should be getting.

By the way: extortion? Please. You use all legal advantages you have in negotiation. Where else should they have picketed? Where else would be effective?

Yolanda Ro: Did you ever promise the writers benefits, residuals, or union contracts once the show took off? Tyler Perry: No. They were never promised anything. What was said to them is "here's the deal--The show is a non-union show". Each writer made six figures for less than nine months of work. Every time they wrote a script they received between $7,000-$10,000; In addition they were also receiving a paid salary by the week. Furthermore, WGA did not call me, I called them. It was 'me' making that move. I called them 5 months ago to begin negotiating a deal. These writers clearly knew that. I have deals with every union except WGA and I was trying to get into WGA because I wanted better writers--and because I was working too hard. I had to outline the show, tell them what I wanted, give them ideas, and then rewrite the script. It was taking 16-18 hours for them to write the show. The actors were frustrated, the crew was frustrated, everybody was frustrated because we would go in to shoot the show, but the script was bad. So I made it through that first year but I told them " I can't do this anymore". After I began negotiations with WGA, I didn't threaten to fire them. I just told them they were going to have to get on their job and step up their game.

I find it hard to believe that the WGA would be trying to press their case with the state labor board if Perry was truly trying to get things rolling with the union. Hard to make a case that someone fired workers for attempting to organize if they were welcoming the union.

Yolanda Ro: Can you address the accusations that you are racist, and also the rumors that you replaced the four black writers with white writers? Tyler Perry: That's not true. I let go of four writers in LA but I kept three writers in Atlanta--two are white and one is black. I hired four new black writers; One of them was Myra J from the Tom Joyner Show. When she came to work for me the union originally told her, since she hadn't done anything in four years, she could work for me. But once she came to work they began sending these harassing letters saying she had better not work for me. I sit here and look at these people knowing that they've never been able to do anything...knowing that I gave them their first opportunity, and for these four black writers to call me racist...it's ridiculous.

Ugh. No, no one called him racist in that way. What they suggested was that he was taking advantage of their being black because he knew that it is often harder for black writers to find work.

And their first opportunity? Some of those fired (if not all) were WGA members. In order to become a member, you have to have sold a script at the very least. You can't enter until you're doing work and as soon as you're doing work, you need to enter. Of course, his basically saying they should be grateful that he ever gave them a job is right in line with the accusations of the writers.

The Undying Tyler Perry Story

From the Philadelphia Tribune:

Reportedly, Perry’s attorney, Matt Johnson, said that the four were fired because of poor work performance. Griffin, Moore, Brown-Jackson and Ferrell had worked on more than 100 episodes of Perry’s series, now syndicated on FOX. The three remaining writers were asked to stay on, and two did.

“Up to that point, we wrote 100 episodes of ‘House of Payne,’ said Ferrell, who was fired on his 3 year-old son’s birthday. “The show won three Image Awards last year — one, for the best comedy on television, and we just had a ‘table read’ in Atlanta with Tyler Perry and the actors. We got a standing ovation on the scripts we wrote, and his exact words were, ‘These are golden!’ This was just a week ago. So that was just totally ridiculous and absurd that it was because of our work.

“And logically, it doesn’t make sense. You wouldn’t hire people and let them write 100 episodes for you … TBS was so pleased with the show that they gave him another 26 episodes. So he brings us back to write the rest of the 126 episodes. We wrote 16 of them, and then all of a sudden he’s not pleased with our work? That just doesn’t make sense.”

...

“The day after he fired us, they called the Writer’s Guild and wanted to go union,” Ferrell disclosed. “He fired us Monday, and wanted to go union Tuesday morning. So basically, he’s just throwing it in our face(s) saying, ‘OK. You guys brought this to me — trying to make me go union. So I’m going to go union so I can avoid all the flack, but I’m going to fire you, so you won’t receive any of the benefits from it.’”

Yeah, Perry and his lawyer seem to be doing a piss-poor job of making this go away.

Tyler Perry: Still Violating Labor Laws

Just so no one thinks I've forgotten or dropped this:

Tyler Perry situation used as an argument for the Employee Free Choice Act.

Defamer calls Oprah Winfrey, Sidney Poitier and Will Smith scabs for attending Perry's party.

Gay Wired made Tyler Perry their Hypocrite of the Week.

WGA Writers Banned From Working For Perry Or Osbournes

From the WGA website:

To Our Fellow Members,

Last week, you may have become aware of our ongoing dispute with Tyler Perry’s production companies, which fired four writers because of their efforts to organize Perry’s series, House of Payne. Pickets were up at his new studio’s grand opening Saturday night in Atlanta.

Now, we write to inform you of another labor dispute.

Fox has ordered a primetime comedy-variety show featuring Ozzy Osbourne and his family, and has engaged FremantleMedia North America, the company behind American Idol, to produce it. Because they wanted to hire WGA members to write the show, Fremantle contacted the WGAW to see if we would agree to a sub-standard contract. Attempting to pay as little as possible to the writers on the show, Fremantle asked to treat it as “half-scripted” and pay greatly reduced writing fees to those writers who wrote skits, interview material, intros, and "outros.” Although all of the writing on the show is of a type traditionally covered by our MBA (in such shows as The Carol Burnett Show and Laugh-In), Fremantle wanted to treat certain portions of the show as “reality content," not cover the writers who create it, and lower the compensation of the WGA-covered writers, arguing that they would only be responsible for writing part of the show.

We refused to agree to such a deal because it would drastically undermine hard-won minimums and standards. While we have covered some shows produced by Fremantle, they insist that other shows, including American Idol, The Price is Right, and Million Dollar Password, do not have writers and should not be covered by a WGA contract.

Now it is clear that Fremantle’s intention is to bring their low cost, non-union business model into traditional genres – first game shows, then comedy-variety. Soon, no WGA-covered writing will be safe from their aggressive undermining of our contract. We cannot allow this encroachment to continue.

Accordingly, WGA East and West members may not write for the Osbourne variety show (working title: The Osbournes: Loud and Dangerous). Any members who perform writing services on that show do so at their own peril as they will be violating WGA Working Rule 8 and could be fined up to 100% of their compensation for that work. Both Guilds notified agents and other representatives of this development through an Action Alert issued yesterday.

The alert also reminded agents that they cannot send clients who are members of either Guild to write for Tyler Perry's production companies. The WGAW has filed unfair labor practice charges based on the unlawful discharge of the House of Payne writers and continuing bad faith bargaining. Members who accept these jobs will also be in violation of Working Rule 8.

We believe that denying Fremantle and Tyler Perry members of the Writers Guilds East and West may convince them that they will be unable to produce professional quality entertainment content and that they will see the wisdom and creative advantages of signing a WGA contract.

There is already far too much writing done in our business by men and women without WGA benefits. We cannot let writers of sitcoms and comedy-variety programming join their ranks, as we also work to reduce the amount of animation, reality, nonfiction, and other so-called “non-scripted” writing not covered by a WGA contract.

Thanks for your attention and your continued support.

Best,

Patric M. Verrone
President, WGAW

Michael Winship
President, WGAE

I'm happy to see that Guggenheim is on the list of showrunners urging Tyler Perry to do the right thing.