Oprah came out to celebrate the opening of Tyler Perry’s new studio, but I guess she either doesn’t know or doesn’t care that Tyler Perry is apparently a union buster.

From THR:

LOS ANGELES (Hollywood Reporter) – Four writers involved with a Writers Guild of America organizing effort at writer-director-producer Tyler Perry‘s cable TV show “House of Payne” have been fired.

The production company says they were fired for cause, but the union said Thursday that they were dismissed because they were involved in the organizing effort. The WGA West plans to picket Tyler Perry Studios in Atlanta when the facility opens the wekend of October 3.

The guild claims that the problems began in April when the writers — Kellie Griffin, Christopher Moore, Teri Brown-Jackson and Lamont Ferrell — were among seven scribes seeking to negotiate a first WGA contract with Perry’s production company, House of Payne. The company produces “House of Payne” and the upcoming TBS show “Meet the Browns.” No contract has been signed.

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 TBS series, now syndicated on Fox. The three remaining writers were asked to stay on, and two did.

“We continue to work toward a resolution of their contract,” Johnson said.

The WGA has filed unfair labor practice charges with the National Labor Relations Board, claiming the four were fired unjustly and that Payne’s company bargained in bad faith.

Just going by what’s been reported, the WGAw has a pretty good chance of winning this one. You don’t employ people for years, and then suddenly decide they’re no good and need to be fired shortly after they ask for union representation. That’s a blatant no-no, and I expect that Tyler Perry is going to get his ass handed to him on this one.

In thinking about this case, as well as some other organizing problems the WGA has been dealing with, I started to wonder a bit about how the union views one of its own working rules. The working rules govern the conduct of WGAw members. If you violate them, you can be fined…all the way up to the entirety of what you earn on the project for which you’re in violation.

Some of the working rules are obvious. “Don’t accept less than minimum for your work” is a no-brainer. Without that one, union members would be caught in an undercutting race to the bottom. But perhaps the single most important working rule is Working Rule #8.

No member shall accept employment with, nor option or sell literary material to, any person, firm or corporation who is not signatory to the applicable MBAs.

Violation of this Rule shall automatically subject the member to a fine, the maximum amount of which shall not exceed 100% of the remuneration received from such non-signatory.

Why is this the most important rule we have? Well, the companies own subsidiaries that have agreements with our union, but they also own subsidiaries that do not. For instance, Disney has a company that has a deal with the WGA, but it owns plenty of companies that can do non-union work.

Working Rule #8 is so important because it requires union members to only work for union companies. Right? Disney can make a non-union live action movie if it wants to, but it can’t get any members of the WGA to write on those movies, because those writers would be violating Working Rule #8.

The key limitation to Working Rule #8 is “applicable MBAs.” What that means is that Working Rule #8 only restricts me as long as we’re talking about a project that could be covered under our existing collective bargaining agreeements.

Our MBA doesn’t cover feature animation, so I can do a non-union feature animated project if I want. But our MBA does cover live action features, it does cover network prime time, it does cover game shows, it does cover basic cable…

Uh…wait. Whoa. Hold up.

Every feature writer knows they can’t work non-union gigs. I don’t know any feature writer in the WGA who has ever broken this rule. But isn’t our entire argument on reality TV that most of those shows should be covered by the MBA as game shows? And if we have a deal on basic cable, why are we trying to get WGA deals on shows that WGA writers are working on?

Why are any WGA writers working in scripted reality or basic cable shows if they’re non-union?

Why are we not enforcing Working Rule #8?

The easy answer is that no one wants to “blame the victim.” If WGA writers are working non-union for Tyler Perry’s basic cable show or for a “reality” game show like American Idol, we shouldn’t punish them by taking their salaries. We should attack the shows.

Well, at the risk of saying something extremely unpopular (yet again), how about we do both?

If every WGA writer working in reality and basic cable stopped tomorrow, that would have a serious impact on those shows. An immediate impact, one would hope. If a reality show chose to continue on without WGA writers, then so be it. But could most basic cable shows do so? I doubt it.

I don’t mean to sound harsh, but if I nor any of my feature film sisters and brothers line our pockets or support our families with non-union work (in order to not undercut each other on union work), why should game show or basic cable writers be able to get away with it? Why aren’t we demanding that Working Rule #8 be applied fairly and consistently across the board?

Hell, we don’t even have to apply the fines. Use it as a lever if you want. If a basic cable show has a staff that’s 50% WGA, apply #8 to those writers and try and force a WGA deal on the show.

Look, there’s no chance we’ll ever get real jurisdiction over basic cable if we’re soft on Working Rule #8. No chance at all. The companies will always find the path of least resistance, and here’s an area where we’ve just rolled over and not bothered to resist at all, even though we have the means to do so…and even though we ask many of our other members to do so.

It appears that at least some of the writers protesting their termination on Payne are WGA members.

I support the fight to get them a WGA contract. I support the WGAw’s unfair labor practice charge against Tyler Perry.

But I have a bigger question that I think deserves an answer.

Why were some WGA writers allowed to violate Working Rule #8 for a hundred episodes on a non-union show?

Perhaps there’s something I’m missing. If so, I’m all ears. But I fail to see how we’re ever going to win an organizing war if for every writer we recruit through the front door, there’s a writer walking out the back.