Jobs and Employment Information about jobs, labors, experiencies and news Related Articles
Canal Sur Televisión admitted live that it violated the fundamental right of one of its employees to strike on March 8, 2022, International Women’s Day. He did this in the afternoon news program this Friday “for all of Andalusia”, according to the condemnation decision of the Superior Court of Andalusia (TSJA).
It was in the last minutes of the news broadcast that the presenter ruled on the page: “We partially support the demand for the protection of fundamental rights formulated by the General Confederation of Labor (CGT) against the public company “Radio-Television” Andalusia (RTVA) and the subsidiary Canal Sur Radio y Televisión Sociedad Anónima. Due to the intervention of the prosecutor’s office, we declare that the plaintiff’s right to strike has been violated as a result of the establishment of work shifts for March 8, 2022, during which Ms. Isabel García, a delegate of the CGT, exercised her right to strike. We order the defendants to pay compensation to the plaintiff union for moral damages in the amount of 7,500 euros and go to the reading of the ruling of this sentence in Canal Sur Televisión’s afternoon news program.”
The Social Chamber of Seville of the Superior Court of Andalusia, Ceuta and Melilla forced RTVA to fully comply with the guilty verdict handed down Supreme Court last October, “proceeding to read” the verdict “on the afternoon news program of Canal Sur Televisión, which is broadcast throughout Andalusia.” The public organization had already published it, but only in the provincial shutdown in Córdoba, where the plaintiff works, but the justice again ordered to publish it in the regional news program “For all Andalusia”, one of the most popular in the chain.
Andalusia’s public broadcaster has violated the right of one of its employees to strike in the territorial center of Córdoba during International Women’s Day 2022, the day the CGT formally announced a regional general strike, according to the courts. The workers’ organization warned the TSJA that the ruling had not been implemented, as Canal Sur read the ruling in a news program on Canal Sur TV Córdoba, as it happened on December 19 (starting at 6:00).
According to the public association, it was “news affected by the strike on 8 March 2022. and in whose place was appointed a CGT delegate who exercised his right to strike and whose replacement motivated the suit.’ But the CGT union argued that the scale of the strike, announced for March 8, 2022, is in line with the Andalusian Autonomous Community and, moreover, it coincides with the celebration of International Women’s Day. Likewise, the injured worker is the CGT representative in the company and sits on RTVA’s inter-centre committee, so “her scope of representation extends to all work centres”.
“Exclusive broadcasting in Cordoba’s provincial blackout is a restriction that the condemned party imposes in a self-interested and unilateral manner” after its appeal to the Supreme Court was also rejected, the union warned. “No limitations or invitations to limit the effect of the ruling are set out in the ruling,” CGT continued, adding that it should be taken into account that “we are facing a case of relapse as the company was also convicted in this case. “Similar to the call for a strike on March 8, 2021,” as elDiario.es Andalucía also reported.
The plaintiff, as the TSJA now acknowledges, was interested “that the sentence in question should continue on fair terms and that the convict should be required to publish it in the regional news.” A ruling by Andalusia’s highest court, dated January 9 and subject to a possible appeal for review, requires that the sentence for violating the right to strike be read out on an afternoon news program at the regional level.
Decision of the Supreme Court
The ruling of the Supreme Court of October 30 rejected the appeal of RTVA and Canal Sur at the request of the prosecutor’s office and recognized as final the decision of the Public Chamber of the TSJA (from July 2022), which had already declared the right to strike of the video cameraman/editor, a delegate of the CGT, violated by the establishment of variable working hours March 8, 2022
The Supreme Court said that Canal Sur delivers to workers on approximately the 25th of each month the work shift quadrant for the following month. The proven facts, which have already been proven in the first instance, indicate that in the quadrant for March 2022, on March 8, the employee showed up for the afternoon shift, and two extra shifts (from 12:30 to 21:30) were also planned, awarded to another video operator/ to the fitter and electronic technician who usually also performs the fitment functions.
The employee who is the protagonist of this case and the editor supported the strike on March 8 in the territorial center of Canal Sur in Córdoba. In 2021, the operator did not support the strike, without recording contemporaneous circumstances, but its strike in 2022 “did not affect news editing” because “the length of the special shift, covering part of the morning and part of the afternoon, it allowed both news programs to be edited by people who carried out such changes.”
