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The Public Chamber of Seville of the Superior Court of Andalusia, Ceuta and Melilla asked the Public Agency of Radio and Television of Andalusia (RTVA) and its subsidiary Canal Sur Radio y Televisión SA (Canal Sur) to comply with the ruling of last July, ratified in October by the Supreme Court, “proceeding to read” the ruling “on Canal Sur Televisión’s afternoon news program which broadcast to the whole of Andalucia”, in which the public channel was condemned for violating fundamental rights such as the right to strike.
“Canal Sur received the ruling it refers to this morning, January 10, and tonight on CSN2, on air, the ruling will be read,” sources from the public association elDiario.es Andalucía assured.
The station, according to the courts, violated the right of one of its employees to strike in the territorial center of Córdoba during International Women’s Day 2022, in which the CGT officially announced a general strike at the regional level. 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 channel, it was “a news program affected by the strike on March 8, 2022 and replaced by a CGT delegate who exercised her right to strike and whose replacement motivated the lawsuit,” according to RTVA. But according to the CGT’s claims, the scale of the strike announced for March 8, 2022, was in line with the Andalusian Autonomous Community and, moreover, coincides with the celebration of International Women’s Day. Likewise, the injured worker is the CGT representative in the company and is a member of the Inter-Center Committee, so “the scope of her representation extends to all work centers.”
The CGT recalled that “the exclusive broadcast in the provincial shutdown of Córdoba constitutes a restriction that the convict establishes in an interested and unilateral way” after his appeal in the Supreme Court was also rejected. “No limitation or invitation to limit the effect of the ruling is set out in the ruling,” CGT argued, adding that it should be taken into account that “we are facing a case of recurrence as the company was also convicted for a similar case. related to the call for a strike on March 8, 2021,” as elDiario.es Andalucía also reports.
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.”
The defendant company has several special shifts scheduled which are carried out “ordinarily and routinely” and which usually relate to both the absence of staff for various reasons and any special event or event that may occur, and both the TSJA and Now the Supreme Court held , that the video cameraman/editor’s right to strike was violated as a result of the establishment of variable working hours on March 8, 2022.
